Used game sales are not popular with publishers who only see profits when new copies of games are sold. Increasingly, games are now sold with one-time use codes that give customers extra content or features; those buying the game used will have to pay that same fee to access this content. GameStop is facing legal action due to this practice for one simple reason: the game box advertises the content, but the stores don't disclose the fact that the content costs extra for those who buy used.A class-action lawsuit against the retailer has been filed in California, claiming that the game boxes claim the content is included, when the code has most likely been used or is missing completely from the second-hand packaging. GameStop's return policy allows returns within seven days, which the suit claims is not enough time to protect consumers.
"The availability of this additional content is prominently advertised on the packaging of these games," the suit states. "Despite the representations on the packaging that the game comes with a free use code, unbeknownst to consumers who purchase a used copy of one of these games, upon attempting to download the content identified on the game's packaging, consumers are unable to do so unless they pay an additional fee.
"In short, as a result of GameStop's deceptive and misleading practices, consumers who purchase used games from GameStop unknowingly find that they must pay an additional fee to access the full game they though they purchased."
The suit even includes scans of the back of certain game boxes, such as Dragon Age Origins, which states that it includes a downloadable character and quest, a $15 value. In smaller print it clarifies that the content is given via one-time use code, available with "full retail purchase." On the back of Gears of War 2: Game of the Year Edition, the text reads "Includes 19 extra maps and an additional campaign chapter." In tiny print under that, it states "Download card included."
Is this deceptive?
The text simply says that the codes are included with retail purchase, and in this case, they're not going to be. GameStop doesn't sticker these games with warnings about missing content, and store staff is under pressure to push preowned product over new as the profit margins on used content is much higher than new copies of the game. It's unlikely store clerks are going to stick their necks out and explain that the price after purchasing the extra content is going to be higher than it would have been to simply buy the game new.
With most of this content coming in at $10 to $15 to download if you don't have the single-use code, and GameStop's practice of selling games for approximately $5 less than new, these games suddenly become a very bad deal for consumers. Without education on the nature of this content in the store, misunderstandings over what is actually included in the box may be more common than we think.
In class-action suits the biggest winners are usually the lawyers, but if GameStop is forced to be more upfront about what is included in these game boxes future consumers will be able to make smarter purchasing decisions. As the practice of add-on content as a reward for buying a game new becomes more prevalent, this issue will only become more important.
Source: Arstechnica.com
