New Jersey Court Approves Used Game Lawsuit Against GameStop

August 9, 2013 -

A federal judge in Camden, New Jersey has given the greenlight on a lawsuit against GameStop filed by three customers who claim that three of the company's South Jersey stores sold used games that sometimes cost more than buying the game new. The lawsuit alleges that GameStop did not disclose to customers that buying used games would have additional costs of anywhere from $10 - $15 online. All three of the plaintiffs bought EA games, which up until recently contained online passes.

John Farley of Marlton, New Jersey was the first to sue the company. He bought Need for Speed: Hot Pursuit X used in 2011, took it home and tried to play it online. That was when he was hit with an extra fee of $15.

Jamar McGhee of Beverly and Hakana Ozdincer of Blackwood also alleged that GameStop deceived them when they bought used games. Each paid $45 for used games: McGhee bought Madden 2010, and Ozdincer purchased FIFA Soccer 2010. Both had to pay an additional fee to play it online.

The lawsuit seeks refunds for those who bought games since June 2006 in New Jersey.

A similar lawsuit in California led to a settlement by the retailer in April of last year. GameStop agreed to pay consumers who purchased certain used video games (we assume those containing online passes) $15. GameStop also agreed to post signs on its shelves for the next two years in California stores and online notifying customers that they may have to pay extra for the DLC that's tied to used games.

Electronic Arts discontinued the use of online passes earlier this year, admitting that the scheme was a bad idea.

Source: Philly.com


Comments

Re: New Jersey Court Approves Used Game Lawsuit Against GameStop

Recently, I purchased two games from Gamestop.  I picked two new games off the shelf, but when I went to the counter to finalize my purchase, I was convinced by the Sale Advisor that I should buy the used versions because they were cheaper.  It is deceptive to say something is cheaper without disclosing that you are actually buying a different product.  I think this is a legitimate case.  However, I hope this gets settled with the minimal amount of litigation.  Gamestop does have a 30 day return policy on its used games, so if one finds him or herself in the plaintiffs position one can get a full refund and buy the new version with the bonus DLC.  Litigation often makes lawyers richer and products and services more expensive.

Re: New Jersey Court Approves Used Game Lawsuit Against GameStop

"GameStop also agreed to post signs on its shelves for the next two years in California stores and online notifying customers that they may have to pay extra for the DLC that's tied to used games."

Don't you normally have to pay extra for most DLC? I mean I know it's referring to the online-functions here, but if I were to go buy Skyrim used for the PS3 or something I wouldn't just automatically get the Dawnguard and Dragonborn DLCs as well just for buying the game...

Also I find it a bit interesting they're opting to sue Gamestop instead of EA here. Yes Gamestop might not have put it out with a giant neon sign mentioning the online pass garbage, however you might want to go towards the root of the problem if you actually want to change said problem. This is basically not much more than a moneygrab IMO. Upon Googling the cover for Madden NFL 11 (the 2010 version) I notice a disclaimer at the bottom of the back of the case stating (and I quote):

"ACCESS TO ONLINE FEATURES AND/OR SERVICES REQUIRES AN EA ONLINE ACCOUNT AND REGISTRATION WITH THE SINGLE-USE SERIAL CODE ENCLOSED WITH NEW, FULL RETAIL PURCHASE. REGISTRATION FOR ONLINE FEATURES IS LIMITED TO ONE EA ACCOUNT PER SERIAL CODE, WHICH IS NON-TRANSFERABLE ONCE USED. ADDITIONAL SERIAL CODES AVAILABLE FOR PURCHASE."

Re: New Jersey Court Approves Used Game Lawsuit Against GameStop

How long before people sue GameStop for selling new copies of Xenoblade as used so they can sell them for $90 instead of $50?

--- With the first link, the chain is forged.

Re: New Jersey Court Approves Used Game Lawsuit Against GameStop

There is no law stating they can't sell the new versions for $100 if they wanted to. The $50 price is a suggested retail price not the only retail price they can sell at.

Re: New Jersey Court Approves Used Game Lawsuit Against GameStop

I'm surprised there's any precedent at all for this sort of case. They may as well be suing because they had to pay for xbox live and an internet connect and no one told them. Or suing because the system requires electricity to use.

Re: New Jersey Court Approves Used Game Lawsuit Against GameStop

Well, looks like EA got their initial wish.

Re: New Jersey Court Approves Used Game Lawsuit Against GameStop

Oh. Yeah, I don't think that's going to go far.

 
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