Federal Judge Denies GameStop Motion To Dismiss Used Game Lawsuit

Camden, NJ — A federal judge has denied GameStop’s motion to dismiss a class action lawsuit alleging that the video game retailer violated the New Jersey Consumer Fraud Act by selling used games that did not include single-use downloadable content.

The lawsuit was filed by three GameStop customers who “believed that their pre-owned video games would include all of the content of a new video game.” The customers also said that the DLC was an “integral feature” of the games. The trio claimed that GameStop “induced” them into buying used games by showing them what they saved versus buying new games.

According to Polygon, two of the plaintiffs said they paid more for their games after buying the $15 DLC than they would have if they just bought a new copy with the online passes included.

California GameStop customers filed a similar lawsuit last year, and the company agreed to advise customers that downloads were not free. The company had also been sued in 2003 for selling used games in the original packaging without disclosing that they were pre-owned.

Marlton resident John Farley was the first to sue the company. According to the Philadelphia Inquirer, GameStop showed Farley that he saved $12 when he bought Need For Speed: Hot Pursuit in 2011. The lawsuit alleges that, when Farley went to play his game online, he was told he would need to pay an additional fee.

“He was the victim of deceptive statements and knowing admissions,” the lawsuit said.

Farley also filed a lawsuit against Subway in January, alleging that the sandwich shop gave him an 11-inch sub instead of a footlong. That case is pending.

Blackwood resident Hakana Ozdincer and Beverly resident Jamar McGhee said they paid $45 for used games, and had to pay an extra $15 for the DLC. The games retailed for $59.95, but the access codes for free downloads could only be used by the first person owner.

The lawsuit seeks refunds for customers who bought used games since 2006.

GameStop has not commented on the lawsuit due to the pending litigation.

What do you think of the lawsuit against GameStop?