Lawsuit over “Free” DLC

Demon_Skeith

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A gamer has launched a class action suit against GameStop over what he deems deceptive practices in the retailer's used games sales.

Plaintiff James Collins purchased a used copy of Dragon Age: Origins from a GameStop in Hayward, California according to a story on IGN. The game’s box art advertised that free content could be downloaded for the game, but of course the original owner of the title had already redeemed the free downloadable content, leaving Collins out of luck.

Collins, who paid $54.99 for the used game, saved about $5 off the list price of a new copy, then found out he could pay buy the extra content for $15, leaving him $10 poorer than if he had originally purchased a new copy of the game.

Collins attempted to return the game, but was rebuffed, since GameStop’s seven day return policy had lapsed. Collins’ complaint states that “GameStop tricks consumers into paying more for a used game than they would have if they purchased the same game and content new.”

The defendant compares the practice to “selling a used book to customers without telling them that there are chapters missing.”

Plaintiff is seeking punitive damages and an order for defendants to “engage in corrective advertising,” in addition to interest on monies “wrongfully obtained” and a recovery of fess associated with the lawsuit.

The back of the Dragon Age: Origins box says “Includes: Downloadable character and quest, A $15 Value.” In small print it reads “One-time use code available with full retail purchase.”

full lawsuit complaint in pdf form

source

I feel that this won't go through as he was talking a gamble on a used game, a gamble we all take when buying used games.
 
But some people might understand "Free DLC" as in it comes on the disc. Thats what I thought, but I never buy used games that say "Free DLC", I don't trust it.
 
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