GameStop Sells Opened Games as New, Class Action Alleges

GameStop misleads consumers by marketing videogames as new even though their original packaging was opened, an April 19 fraud class action alleged (docket 3:24-cv-01417). The class action was removed Friday to U.S. District Court for Southern Illinois from St. Clair County Circuit Court. Plaintiff Christopher Odle, of St. Clair County, Illinois, shopped for videogames at St. Clair County GameStop locations on Sept. 9, 2021, and Dec. 13, 2022, to buy games for an Xbox One and Nintendo Switch, both CD- or DVD-style discs, the complaint said. Odle purchased new videogames, the complaint said, but the game packages he chose didn’t contain a disc with the game software, it alleged. Odle told a sales associate that he wanted new versions of the games. The associate told Odle that the games “were represented as new,” the complaint said. The games cost $50-$60, “generally the accepted price for a ‘new’ version" of the games he selected, it said. It is "well-known" in the videogame industry and resale market that a game sealed in original packaging is worth more than an one that was opened, the complaint said. GameStop is aware of this and prices new games higher than pre-owned versions, the class action alleged. However, GameStop limits or prohibits putting unopened videogames on the sales floor due to theft concerns, so discs are kept behind the sales counter, the class action said. As a result, “almost every 'new’ game that GameStop sells has actually been opened,” the complaint said. “GameStop effectuates this policy despite the fact that GameStop's return policy draws a distinction between opened and unopened games,” and the retailer is “aware that unopened games in the original manufacturers sealed packaging are worth more in the video game market than opened games,” it said. “Despite this knowledge, GameStop charges its customers a premium price for games that GameStop itself has opened,” and it “markets these games as new,” it said. Customers who buy games sold as new, when those games have been opened, are buying “a product that is not worth the premium price they are paying for it, comes with less return options and is worth less on the resale market,” the complaint said. Odle asserts violations of the Illinois Uniform Deceptive Trade Practices and Consumer Fraud and Deceptive Business Practices acts. He seeks for himself and the class actual and punitive damages, an injunction against further violations, plus attorneys’ fees and costs. GameStop didn't comment Monday.