A class action lawsuit claims GameStop is still being deceptive over DLC that isn’t included with used game sales.
GameStop is once again the target of a lawsuit over what customers call “deceptive” used sales practices, but this time it’s a class action. Three plaintiffs claim GameStop misleads purchasers of used games by making them think downloadable content is included in the box when it really isn’t.
For example, let’s say a brand new copy of Dragon Slayer XIV comes with a code for a Flaming Sword of Dragon Death. If a new buyer uses that code and trades the game in, the code isn’t available for the used buyer. GameStop is being accused of pretending these codes are included to entice people to buy used games.
“By advertising the additional downloadable content as being included with the game and by not informing consumers that they will not receive all the advertised features of the game, GameStop misrepresented and concealed material facts regarding its used games,” the suit claims. “This situation is analogous to selling a used book to customers without telling them that there are chapters missing.”
The issue for these customers probably relates to packaging rather than deceptive practices on GameStop’s part. If a game’s package says it includes a Flaming Sword of Dragon Death, but the game is used, it probably won’t anymore. Is that GameStop’s fault? It’s probably more neglect than intentional deception.
If anything, GameStop simply needs to implement a program where it clearly explains to customers that used games will not always include DLC if the original buyer used it up already. That’s as simple as putting up a few signs. It gets a little more complicated when it comes to EA titles that require an extra $10 purchase to play online if a game is bought used, but GameStop already reduces the price of those used titles by a comparable amount. GameStop just needs to be more active and clear on the issue so it can avoid lawsuits like this.