GameStop being sued for ripping off gamers!!

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GPAddict

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#1 GPAddict
Member since 2005 • 5964 Posts

http://www.tomsguide.com/us/GameStop-BioWare-Game-Lawsuit-DLC,news-6270.html

GameStop many need to change the way it sells used games.

ZoomThursday IGN reported that GameStop is now facing a lawsuit that alleges the company is "deceptively misleading" customers. The lawsuit, uploaded here in PDF format, says that the company is misbehaving because it's selling used games without informing the buyer that the downloadable content is not free.

Consumers who purchase a new game receive one-time-use-only codes to retrieve the free content (DLC) from publishers online. Those who purchase used games don't receive the same benefit, even if the used version is only $5 cheaper than a new copy. From a consumer standpoint, the minuscule reduction in cost is already a rip-off.

The current lawsuit centers on plaintiff James Collins. He purchased a used copy of Dragon Age: Origins for $54.99, a whopping five dollars less than the new, unopened version. He bought the game based on the advertisement on the box promising free downloadable content.

Weeks later he discovered that he would have to pay an additional $15 to grab the additional DLC. This would mean that ultimately he would spend ten bucks more than the new, sealed version of BioWare's RPG. Collins tried to return the game, however GameStop denied his request, stating that the seven-day return window had passed.

"GameStop, who makes more than 20-percent of its revenue and nearly $2 billion from the sale of used video games, is aware of this issue, and continues to fail to alert customers that this content is not available on used games," the suit states. "As a result, GameStop tricks consumers into paying more for a used game than they would if they purchased the same game and content new."

But who was really at fault here? GameStop charges a ridiculous amount for recent, used games. Most informed gamers know about the DLC rule when it comes to used titles-- this is a tactic used by publishers to reel in revenue. However GameStop should make an effort to inform the uninformed consumer by attaching labels or marking out the promise of free content on packages.

Or, GameStop should just simply lower the price of used games.

According to the lawsuit, Collins is seeking "restitution, punitive damages for fraud, and numerous other compensatory damages." So far GameStop has not replied to the allegations.

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HotScully

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#2 HotScully
Member since 2008 • 84 Posts

Finally!! I really do hope changes across the board can and will be made.

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mrbojangles25

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#3 mrbojangles25
Member since 2005 • 58529 Posts

they really charge that much for a used game?!?!

That is insane. I would expect it to be like 20-30 bucks, not 55

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jonathan_rector

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#4 jonathan_rector
Member since 2003 • 2734 Posts

Says right on the box that the code is used for new games. This guy doesn't have a case.

Wish more people would use thier brains instead of expecting other people to do it for them.

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sleepingzzz

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#5 sleepingzzz
Member since 2006 • 2263 Posts

If you look on ebay right now you can get the PS3 version with the "buy it now" option for as low as $29.99 with free shipping.

The key is to not use GameStop.

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Memoryitis

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#6 Memoryitis
Member since 2006 • 2221 Posts

If you are stupid enough to buy a used game for 5$ cheaper than you deserve to get ripped lol

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pdkkbarnes1

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#7 pdkkbarnes1
Member since 2003 • 391 Posts

why is this even in the pc games forum, I thought they stopped selling used pc games years ago.

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Swiftstrike5

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#8 Swiftstrike5
Member since 2005 • 6950 Posts

they really charge that much for a used game?!?!

That is insane. I would expect it to be like 20-30 bucks, not 55

mrbojangles25
Yeah, it's ridiculous. I can't say I care, since PC can't sell used games anyways.
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rhazzy

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#9 rhazzy
Member since 2009 • 1516 Posts

If you are stupid enough to walk in to a GameStop store...you deserve to be fooled

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XIntoTheBlue

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#10 XIntoTheBlue
Member since 2009 • 1070 Posts

Wow, even though I don't like GamStop, that guy is a real moron. He exercised zero common sense when he bought the game. Hope he loses a lot more money in legal fees for being such an idiot.

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Threesixtyci

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#11 Threesixtyci
Member since 2006 • 4451 Posts

He should have sued about them selling opened items, as new. Every gamer already know about the downloadable content, hoop. Specifically, invented by game publishers to deter used game sales, which they don't see a penny of.

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nutcrackr

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#12 nutcrackr
Member since 2004 • 13032 Posts
Bioware did this deliberately to counter used sales like this. Only in this case rather than not buying used games some guy thinks he should still buy used games and get free DLC. What gamestop might have to do is change the box art for each game that implements this one time DLC code. *grabs popcorn*
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NeilCardiff

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#13 NeilCardiff
Member since 2008 • 834 Posts

If your customers are so stupid that they will pay 90+% of full price for used goods then there isn't any wonder these people are being ripped off.

Any company on the planet confrounted with customers that willing to be parted with their cash will obviously see them as ripe for the picking.

Fools and their money etc etc.

I am in no way condoning the skinning alive of said naive noobies but knowing the nature of business I am not the slightest bit surprised by this fleecing.

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Phoenix534

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#14 Phoenix534
Member since 2008 • 17774 Posts

This isn't going far. That's a horrible case. Gamestop never said "Buy this game used and you'll get a code!". The box says it's a one time thing, which anyone with two working brain cells could figure out that the previous owner most likely used the code.

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ionusX

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#15 ionusX
Member since 2009 • 25777 Posts

If you are stupid enough to buy a used game for 5$ cheaper than you deserve to get ripped lol

Memoryitis

^ this

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Kurushio

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#16 Kurushio
Member since 2004 • 10485 Posts
I think some PSP games require you now to make an account and you can only do it once when you buy the game. So if someone sells the game and they try they would have to pay a fee to get a new unlock code to even play lol. Basically game companies learning how to make another buck just like most DLC.
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dante5395

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#17 dante5395
Member since 2009 • 252 Posts

they should lower the price and put the tagon there because whats the use i think its ridiculous that games are so priced i remember when a new ps2 game was only 20 bucks now i have to fork over 3 times as much just to get a shiney new game personally i think they should give us slack on that one like lowering use game and lowering prices on new games to like 39.99 that i think is compromisable so i dont have to spend $120 for a whopping 2 games when i could have gotten 6 ps2 game well now ps2 games are sold for $10 on the shelf.

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Rob_101

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#18 Rob_101
Member since 2004 • 3291 Posts

I hope this guy wins. I hate gamestop and hope they go bankrupt. Also this is an example of how DLC is a bad thing.

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#19 millerlight89
Member since 2007 • 18658 Posts
As much as I dislike Gamestop, this guy dosen't have a case. Most people know they aren't going to get those Premo codes with a used game. Heck I remember when I games on consoles and bought a used game, I was excited to get an instruction book. This guy won't win, which blows because Gamestop could stand to lose a few lawsuits.
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the_mitch28

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#20 the_mitch28
Member since 2005 • 4684 Posts

Hey they do that over here in Australia like $104 for a used game instead of $110 for new.

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millerlight89

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#21 millerlight89
Member since 2007 • 18658 Posts

Hey they do that over here in Australia like $104 for a used game instead of $110 for new.

the_mitch28
Hey you guys get 6 bucks off lol, no fair :).
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#22 carlosjuero
Member since 2008 • 1254 Posts
Its the McDonalds Hot Coffee lawsuit all over again (that still gets me, I mean.. who orders a bloody COFFEE [not an ICED coffee, just a plain coffee] and doesn't expect it to be frikkin hot?!). A) If you are going to pay just $5.00 less for a used game.... why not just buy the new game? Seriously - if $5.00 is that big a deal then don't buy the game at all, problem solved. B) I am pretty sure the box says 'One Time Use' or whatever for the DLC items, so that invalidates that part of the suit right there. C) Why did he buy it and take a few weeks before trying to return it? If the store policy is 7 days for returns of used items like that, then you check out the game before that time period dies right? *sigh* makes me very very worried for the future of this world. The saddest part is that he will probably win - or at least get an out of court settlement.
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GPAddict

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#23 GPAddict
Member since 2005 • 5964 Posts

Anyone else notice how hard they try to get you to pre-order??? I mean when I say No thanks, I mean No thanks. :|

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Daytona_178

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#24 Daytona_178
Member since 2005 • 14962 Posts

Why sue them? They dont hold a monololy so they have the right to charge what they want,,,if its too expensive then dont buy it....DURRRRR!

Also you as a consumer should do your own research about DLC codes and stuff, they cant treat everyone like babies.

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ChiliDragon

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#25 ChiliDragon
Member since 2006 • 8444 Posts
As much as I dislike Gamestop, this guy dosen't have a case. Most people know they aren't going to get those Premo codes with a used game. millerlight89
I think most people may be smarter than this guy... ;) I don't care if Gamestop wins or loses. My local store is a good place with good employees, and I often get used console games their clearance shelves and sales shelves. If I don't like their prices I just don't buy from them. I don't see the point of hating them though. It just strikes me as a waste of energy to do that. :)
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deactivated-601cc8c28f97e

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#27 deactivated-601cc8c28f97e
Member since 2005 • 679 Posts

Gamestop sucks you guys need to stop defending them at least someone is putting forth effort to take our stolen money back from these bums. Hmm, let me sell my 50 dollar game for 20 bux so that they can resell it for 55.

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sleepingzzz

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#28 sleepingzzz
Member since 2006 • 2263 Posts

Its the McDonalds Hot Coffee lawsuit all over again (that still gets me, I mean.. who orders a bloody COFFEE [not an ICED coffee, just a plain coffee] and doesn't expect it to be frikkin hot?!). A) If you are going to pay just $5.00 less for a used game.... why not just buy the new game? Seriously - if $5.00 is that big a deal then don't buy the game at all, problem solved. B) I am pretty sure the box says 'One Time Use' or whatever for the DLC items, so that invalidates that part of the suit right there. C) Why did he buy it and take a few weeks before trying to return it? If the store policy is 7 days for returns of used items like that, then you check out the game before that time period dies right? *sigh* makes me very very worried for the future of this world. The saddest part is that he will probably win - or at least get an out of court settlement.carlosjuero

The Mc'Donalds Coffee lawsuit was more than the girl getting burned by spilling it. What they found out was Mc'Donalds was actually heating the coffee past the boiling point and giving it to the customer extremely hot to save money. Mc'Donalds did a study and found that they could use less coffee and add more water if they made the coffee extremly hot. People were less likely to notice the watered down taste because it was so hot. They were saving something like 5 cents on every coffee. In turn this was a huge risk to customers because they were basically getting boiling water in a cup to drink. This is also obviously a health risk since drinking anything this hot even if people are just taking small sips burns the cell tissues in your throat. So the lawsuit was to force Mc'Donalds from heating their coffee way past safe temperatures as well as making them pay for putting people at risk to save a few cents on every cup.

Also keep in mind that the girl suffered 3rd degree burns as she had the coffee between her legs when she was driving. It also spilled because someone cut her off. She had not planned on suing Mc'Donalds but, when they started investigating the evidence started to show up about what Mc'Donalds was doing.

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deactivated-601cc8c28f97e

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#29 deactivated-601cc8c28f97e
Member since 2005 • 679 Posts

[QUOTE="carlosjuero"]Its the McDonalds Hot Coffee lawsuit all over again (that still gets me, I mean.. who orders a bloody COFFEE [not an ICED coffee, just a plain coffee] and doesn't expect it to be frikkin hot?!). A) If you are going to pay just $5.00 less for a used game.... why not just buy the new game? Seriously - if $5.00 is that big a deal then don't buy the game at all, problem solved. B) I am pretty sure the box says 'One Time Use' or whatever for the DLC items, so that invalidates that part of the suit right there. C) Why did he buy it and take a few weeks before trying to return it? If the store policy is 7 days for returns of used items like that, then you check out the game before that time period dies right? *sigh* makes me very very worried for the future of this world. The saddest part is that he will probably win - or at least get an out of court settlement.sleepingzzz

The Mc'Donalds Coffee lawsuit was more than the girl getting burned by spilling it. What they found out was Mc'Donalds was actually heating the coffee past the boiling point and giving it to the customer extremely hot to save money. Mc'Donalds did a study and found that they could use less coffee and add more water if they made the coffee extremly hot. People were less likely to notice the watered down taste because it was so hot. They were saving something like 5 cents on every coffee. In turn this was a huge risk to customers because everyone was basically receiving boiling water in a cup to drink. This is also obviously a health risk since drinking anything this even if it's just small sips burns the cell tissues in your throat. So the lawsuit was to force Mc'Donalds from doing this as well as making them pay for putting people at risk to save a few cents on every cup.

Also keep in mind that the girl suffered 3rd degree burns as she had the coffee between her legs when she was driving. It also spilled because someone cut her off. She had not planned on suing Mc'Donalds but, when they started investigating the evidence started to show up about what Mc'Donalds was doing.

I knew there was always another side to the story. Good info.

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ChiliDragon

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#30 ChiliDragon
Member since 2006 • 8444 Posts

[QUOTE="carlosjuero"]Its the McDonalds Hot Coffee lawsuit all over again (that still gets me, I mean.. who orders a bloody COFFEE [not an ICED coffee, just a plain coffee] and doesn't expect it to be frikkin hot?!). A) If you are going to pay just $5.00 less for a used game.... why not just buy the new game? Seriously - if $5.00 is that big a deal then don't buy the game at all, problem solved. B) I am pretty sure the box says 'One Time Use' or whatever for the DLC items, so that invalidates that part of the suit right there. C) Why did he buy it and take a few weeks before trying to return it? If the store policy is 7 days for returns of used items like that, then you check out the game before that time period dies right? *sigh* makes me very very worried for the future of this world. The saddest part is that he will probably win - or at least get an out of court settlement.sleepingzzz

The Mc'Donalds Coffee lawsuit was more than the girl getting burned by spilling it. What they found out was Mc'Donalds was actually heating the coffee past the boiling point and giving it to the customer extremely hot to save money. Mc'Donalds did a study and found that they could use less coffee and add more water if they made the coffee extremly hot. People were less likely to notice the watered down taste because it was so hot. They were saving something like 5 cents on every coffee. In turn this was a huge risk to customers because they were basically getting boiling water in a cup to drink. This is also obviously a health risk since drinking anything this hot even if people are just taking small sips burns the cell tissues in your throat. So the lawsuit was to force Mc'Donalds from heating their coffee way past safe temperatures as well as making them pay for putting people at risk to save a few cents on every cup.

Also keep in mind that the girl suffered 3rd degree burns as she had the coffee between her legs when she was driving. It also spilled because someone cut her off. She had not planned on suing Mc'Donalds but, when they started investigating the evidence started to show up about what Mc'Donalds was doing.

If I remember correctly, she also ended up needing skin-grafting surgery to replace the destroyed tissue, and when McDonalds was presented with all the evidence you just listed, they still refused to pay the rather high hospital bills. I'd have sued too...
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Daytona_178

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#31 Daytona_178
Member since 2005 • 14962 Posts

Gamestop sucks you guys need to stop defending them at least someone is putting forth effort to take our stolen money back from these bums. Hmm, let me sell my 50 dollar game for 20 bux so that they can resell it for 55.

balla4162
My goodness, its like they are trying to make a profit or something :O What shocking behaviour!
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#32 albertafox
Member since 2004 • 165 Posts

Not sure how McDonalds has anything remotely the same to the topic.

A quick question if I may. Why even sell the game as used, why not repack it and sell as new ?

Anyways, what ever happened to disclosure of the product ?

You do know that all the print on a "new" game is not just game desciptions and company names. It also states in that small print disclosure of legalities and so forth.

Perhaps some people would like be able to sell "used" items as new. Perhaps car companies, housing and other turn over products, could be excluded from such trivial things, such as changing the miles(km) on the vehicle because they changed the oil, perhaps that house your looking at buying was "not really" a meth lab, but home business. Need more rhetoric to make the point ?

Yes, those examples are extreme but when do we start to pick and choose who must and must not dislose the details of a product they sell ?

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The_Capitalist

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#33 The_Capitalist
Member since 2004 • 10838 Posts

People should buy used games off Amazon instead.

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#34 nintendog66
Member since 2006 • 2300 Posts
Oh Gamestop... I remember when I was younger I bought a "new" Gamecube game that wasn't shrink wrapped, the box what sightly beat up and the disk had some scratches. In other words they sold me a used game as new, i was so young that I didn't know what to do lol but I was so pissed...
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Phoenix534

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#35 Phoenix534
Member since 2008 • 17774 Posts

Gamestop sucks you guys need to stop defending them at least someone is putting forth effort to take our stolen money back from these bums. Hmm, let me sell my 50 dollar game for 20 bux so that they can resell it for 55.

balla4162

It's like they're trying to, *gasp* make money! Seriously people. It's a business. And do you really thing that it's good that someone is suing Gamestop because of their incompetence?

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UbiquitousAeon

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#36 UbiquitousAeon
Member since 2010 • 2099 Posts

Well, actually, these codes are only guaranteed to work and come with brand new copies of the game. I don't think GameStop has much too worry about. It's not their job to inform the consumer about it. I mean come on, think about it for a second. If the previous owner used the code then it would be stuck to that persons account. If they hadn't you would still have a properly working code.

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califinest101

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#37 califinest101
Member since 2010 • 25 Posts

Lol at the people calling the man stupid, he possibly found an easy way to make a quick buck. Pretty smart imo, hopefully he wins one for humanity.

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WaterMelnKidd

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#39 WaterMelnKidd
Member since 2010 • 52 Posts
Two things.. 1. I'm English so I've never been to GameStop, but they have loads of shops like it over here. In all honesty I don't think that he would have gone to court for something like that if it only happened to him, but seeing as though this could happen to thousands of other people you can see why it was worth it. The good side is that it has a chance for 'GameStop' to make a change in their prices because of all of pressure put on them to do so, then again.. the prices in America are cheap compared to England and other countries. The negative side is that the court could look into it really shallowly.. in other words, they will only scratch the surface on what he is saying. They will look at his case and see that he is suing an extremely successful company for the fact that he paid an extra $10 for a used game. $10? What is that to a company that could throw millions at him and still have change to take over Europe? 2. I can't help but get annoyed at how wrong everyone is on this McDonalds Hot Coffee case.. It was a 72 year old woman who spilt 190F coffee on her lap giving her third-degree burns, I actually think it's fair. At the start she only wanted $20,000 - which is extremely reasonable, $11,000 to cover the cost of her medical bill and the $9,000 to get her on her way and treat herself after the apparently huge injury. I know, she's 72 - so who's gonna see her lap.. but skin grafting isn't something I'd want.. I'd rather live naturally my whole life.
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Phoenix534

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#40 Phoenix534
Member since 2008 • 17774 Posts

Lol at the people calling the man stupid, he possibly found an easy way to make a quick buck. Pretty smart imo, hopefully he wins one for humanity.

califinest101

Or he loses because of his incompetence. Does anyone really believe he'll get anywhere with this case? "Well, I bought this used game that somebody else already played and it didn't come with the code for the extra content. GameStop is ripping me off."

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Phoenix534

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#41 Phoenix534
Member since 2008 • 17774 Posts

I can't help but get annoyed at how wrong everyone is on this McDonalds Hot Coffee case.. It was a 72 year old woman who spilt 190F coffee on her lap giving her third-degree burns, I actually think it's fairWaterMelnKidd

So, if I went to McDonalds and bought a Hot Coffee and spilt it on myself(an accident at which I'd be at fault for), it's fair that I could sue them for thousands of dollars?

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Im_single

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#42 Im_single
Member since 2008 • 5134 Posts
Never had a problem with Gamestop, never understood the hate it gets. I mean if you're trading your games in for insanely low prices and buying used games at 90% of the original price then you're dumb, and Gamestop like any company takes advantage of dumb people, but if you're only buying some fairly cheap used games (Many games are under $20 used and have been out for maybe a year) or getting a new copy of a game; then what's to hate about Gamestop? Don't be a fool when you're shopping, it isn't just GS that takes advantage dumb customers ya know.
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#43 JigglyWiggly_
Member since 2009 • 24625 Posts
Hope he wins, I'd get pissed, there is no point in doing research on a game, and if you see a game for cheaper buy it! It's a game, who cares about the box. I don't know about you guys, but if you do research on a game, wtf are you doing with everything else? Sure see the rating, and how it is, who looks at stuff like that?
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#44 UbiquitousAeon
Member since 2010 • 2099 Posts
Hope he wins, I'd get pissed, there is no point in doing research on a game, and if you see a game for cheaper buy it! It's a game, who cares about the box. I don't know about you guys, but if you do research on a game, wtf are you doing with everything else? Sure see the rating, and how it is, who looks at stuff like that?JigglyWiggly_
The sarcasm in this wins.
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ChiliDragon

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#45 ChiliDragon
Member since 2006 • 8444 Posts
[QUOTE="JigglyWiggly_"]Hope he wins, I'd get pissed, there is no point in doing research on a game, and if you see a game for cheaper buy it! It's a game, who cares about the box. I don't know about you guys, but if you do research on a game, wtf are you doing with everything else? Sure see the rating, and how it is, who looks at stuff like that?UbiquitousAeon
The sarcasm in this wins.

I think you might be right there. That was, indeed, quite well said.
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Hekynn

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#46 Hekynn
Member since 2003 • 2164 Posts
We should completely STOP using Gamestop they are bunch of rip off greedy turds!!