Federal judge denies motion to dismiss used games lawsuit against GameStop

A federal judge has denied GameStop’s motion to dismiss a class action lawsuit filed against the retail chain.

Polygon reports the suit alleges that GameStop violated the New Jersey Consumer Fraud Act by selling used games that failed to include single-use DLC.

The lawsuit was filed by three GameStop customers who, according to the opinion of US District Judge Robert B. Kugler, believed that their pre-owned video games would include all of the content of a new video game.”

Kugler also indicated that DLC is to be considered an integral feature” of the games in question.

All three plaintiffs further claim that the retailer induced” them to purchase used games with statements such as our used game trade program creates value for customers” along with providing receipts that showed savings received by purchasing used games.

Additionally, two of the plaintiffs allege that by purchasing the $15 DLC, they spent more than they would have spent purchasing a new retail copy of the games – though it’s worth noting the difference is $0.05.

At the core of these and the several other allegations stacked against GameStop, is the claim that GameStop was "aware of material information, that DLC was not included with the purchase of pre-owned games, but did not reveal this fact to Plaintiffs.”

Coupled with the company’s claims about creating value and the savings printed on receipts, the plaintiffs argue they have "plausibly sated a knowing omission" on GameStop’s behalf.

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