GameStop Sued Over DLC Misinformation
- Scribbled on March 29th, 2010 by Jonah Falcon
- Filed in Game Deals, Legal Brief
GameStop is faced with a class action lawsuit for “deceptive advertising” regarding downloadable content and used games.
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.
However, this lawsuit is as frivolous as many of suits of its ilk are. It’s quite plain that when you purchased a used game, you will not be getting content intended for new purchasers. Dragon Age Origins, cited as an example, clearly states the content is worth $15 for a “full retail purchase”, which a used copy is clearly not. Furthermore, another cited example, Gears of War 2: Game of the Year Edition as text that reads “Includes 19 extra maps and an additional campaign chapter,” with tiny print under that a “Download card included.” When purchasing a used game, you’re grateful when the game comes with a manual, let alone extra stuff that comes with new copies.
It’s the onus of the buyer to ask whether a used game will have the extra content. While GameStop employees are aggressive in pushing used games, the consumer has every right to ask what the $5 off the price of a used recent release entails. There is nothing deceptive or illegal going on – just a lack of intelligence on the part of the consumer.
In other words: caveat emptor. Let the buyer beware.

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