• Report: #342539

Complaint Review: Gamestop

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  • Submitted: Fri, June 20, 2008
  • Updated: Sat, February 09, 2013

  • Reported By:Cupertino California
Gamestop
3580 Stevens Creek Blvd San Jose, California U.S.A.

Gamestop Selling opened games as New San Jose California

*General Comment: Some Merit

*Author of original report: Thinking Again

*General Comment: think again

*Author of original report: Bad business practice clarified

*Consumer Comment: Can't believe this is still common practice

*UPDATE EX-employee responds: Its not as diabolical as you think

*UPDATE EX-employee responds: Let's get some perspective here

*UPDATE EX-employee responds: Yeah, they borrow

*UPDATE Employee: Not Really!!

*UPDATE Employee: Sad truth

*Consumer Comment: So what?

*UPDATE EX-employee responds: Rebuttal

*UPDATE EX-employee responds: Actually, they did it all the time

*Consumer Comment: Not an Ex Employee

*Consumer Comment: Different Type of Business, Different Laws

*UPDATE EX-employee responds: ...

*UPDATE EX-employee responds: ...

*UPDATE EX-employee responds: ...

*UPDATE EX-employee responds: How is this different than...

*Author of original report: This is still a Rip-Off...

*UPDATE EX-employee responds: Well..

*Consumer Comment: WOW...

*UPDATE EX-employee responds: Not entirely correct...

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Even though Ripoff Report requires an address and phone for a specific location, this report describes a Gamestop company-wide sanctioned, but quite dubious game selling practice.

When Gamestop receives a shipment of new console games (Xbox 360, PS3, PSP, Wii, etc), they automatically open one copy of the game. They remove the game disk and place it into a sleeve and file it away. They take the open case including the manual, mark it with a price and place it onto the shelf (as a display box) to be manhandled by who knows how many people.

Granted, Gamestop needs to be able to display that they have a game in stock. I take no issue with this aspect of their merchandising. What I take issue with is when that opened copy becomes the last copy in the store. The clerk will pull out the game disk from the sleeve that's been filed away, go get the manhandled box off the shelf, place the disk into the case and then proceed to sell you the game at a brand new unopened sealed game price.

Here are my issues with this practice:

1. The box is opened. The minute you leave the store, the game is automatically non-returnable for any reason. You walk out, it's yours. So, if you find that you really didn't want the game, that's too bad because it's already out of the wrap.

2. Selling opened merchandise labeled as 'NEW' is a very deceptive and fraudulent practice. By unsealing a factory sealed item, at best, this item must be sold as a demonstration or opened unit and labeled and discussed as such. It can no longer be labeled or sold as new. At worst, this item is now used.. especially if you consider item #1 above. At best, it's considered 'open' or 'demo'.

3. After a game has been opened, you have no idea exactly what the staff may have done with or to the game disk. Someone could have taken it home, played it in the store unit, or even replaced it with a counterfeit copy. Because these clerks are not paid that well, playing opened games may very well be one of the perks of working there.

4. There is really no difference between the staff opening a copy of the game and a customer opening the copy. Except that when a customer opens the copy, it's considered used. When a Gamestop employee opens a game, it's still considered new (as thought of as if it were still factory wrapped). Worse, some employees have even gone as far as offering to shrink wrap it for me which *might* solve issue number 1.

5. Once a game is opened, you have no way to guarantee the game disk you have received is genuine.

Finally, the worst part of this issue is that Gamestop sometimes only gets one copy or two copies of smaller titled games. So, you walk in and ask for the game, then they try to present you with the opened copy deceptively labeled 'NEW' and charge new prices!

I've discussed this issue with various managers and their staff at length about why this is a dubious, deceptive and fraudulent business practice, yet Gamestop still continues to operate their business in this way and has for many years. If Gamestop needs to have a copy on the shelves for merchandising, they either need to mark the opened copy as 'Demo', 'Opened' or 'Used' and discount it appropriately or they need to not sell it at all. Once a game is opened (by anyone) it is no longer factory new and needs to be discounted and labeled appropriately. Alternatively, Gamestop is large enough they should be able to produce placards or other similar place holders stating the game is in stock without having to open or display a live game box.

If you find yourself confronted with an opened game being sold to you as new, don't purchase it and walk out.

Brian
Cupertino, California
U.S.A.

This report was posted on Ripoff Report on 06/20/2008 06:55 PM and is a permanent record located here: http://www.ripoffreport.com/r/Gamestop/San-Jose-California-95117/Gamestop-Selling-opened-games-as-New-San-Jose-California-342539. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 General Comment

Some Merit

AUTHOR: KageBlade23 - ()

I have also run into this issue i have bought a new game that was no longer factory sealed with a less than factory condition box the clerk let me inspect the game to my satisfactory it was in pristine condition so i let it slide...

i told her it was a gift and she gave me an option to have it shrink wrapped again or not... if i told you it was a gift and its being sold as new why are you even offering to shrink wrap it or not? you as an employee should know that if its not in factory wrapping it will be taken back as a used game... that's not particularly fair to the consumer...

it was opened whether or not the disc was actually even used or not...when you go to a computer store and you want to buy a computer of which there is only the "display/demo" left in stock they tell you you WILL be discounted off the posted msrp and that their tech department will restore it to complete factory status straight out of the box...

you really have no idea whether or not an employee has "borrowed" the game on-top of that if there's any dlc etc. that comes with the game there's a big possibility said gamestop employee could get some free dlc than purchase the game at a slashed price or wait for a used copy... when the game is sold as "new" the consumer may be out a couple dlcs... there's no way to check that unless the employee is not allowed to take the actual case home...but then that could leave a much bigger possibility that the disc will get scratched so either way its bad...

to enforce the idea... say i walked into gamestop purchased a copy of a new game factory sealed and all... than i proceeded to remove the shrink wrap (now i still haven't left the checkout stand) and than told the employee i just bought it from; that i decided i didn't want it anymore and wanted to return it for full price... the employee would tell me i'm sorry the factory sealing has been removed and is now considered used... when the employee knows i just purchased it and he watched me unwrap the factory sealing in front of him. i would no longer be entitled to the full msrp refund because there is no more factory sealing on it...

what is the difference here?

there is no difference from say the gamestop employee opening said factory sealed game not touching it and slipping it into a sleeve...

but wait there is a difference... the gamestop employee will remove the game from said sleeve slip it back in the case and sell it at full msrp when he still wont take it back at full msrp why should a consumer be any different from the employee. the factory sealings were removed end of story...putting it back in shrink wrap and sticking a sticker on it dosent make it factory sealed again it should no longer be allowed to be sold at factory/full msrp.
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#2 Author of original report

Thinking Again

AUTHOR: Brian - (U.S.A.)

Yes, I encourage consumers to think twice before purchasing already opened packages of any product, let alone video games.  If any store presents you with an open package or represents any open package to you as 'new' by attempting to charge you 'new' prices, you should refuse to pay full price for that item. Games are too easily obtained at other stores to settle for buying opened packages. As a consumer, you have no idea how that item has been treated or whether anything is missing from the package.

This is very much important to understand, especially with video games today. Many games produced today, specifically EA titles, tend to include codes to activate online features or even important parts of the game (such as unlocking achievements). If a package has been opened, there is no guarantee that any supplied code cards haven't been lost or used. While Gamestop may be good at placing the game disc(s) into sleeve(s) they aren't so careful to maintain enclosed cards containing codes or even ensuring the manual is intact and not ripped up.

Back when I posted this original article, it was far less common to include activation codes. Today, most big console titles now require codes to activate online features, give bonus items and maps, activate full play and sometimes unlock important pieces of the game (i.e. achievements). If a store opens the package, you cannot be guaranteed you will walk away with every included code that is needed to make the game work 100%.  No longer is it just about the included game discs and their wear and tear. To get the full play experience, it's very much the game combined with the required codes to make the games work fully.

EA and other big developers are now using codes to thwart reselling of used games. However, it's also inadvertently impacting this game selling practice by Gamestop.  You cannot be guaranteed that you will get all of the pieces you need to unlock the full game experience if you purchase pre-opened games from Gamestop. If you think that you're smart simply checking the game disc for wear, you're not as smart as you think. You may have just paid $59.99 (full price) for a game that's missing the exact code you need to unlock online play (the whole reason you may have bought the game).

Let's not even get into just how unsanitary an open package is sitting out on the game display case in a store.  Not to mention, opening a package assumes the employee is thoughtful enough to go through every opened game to determined what codes were packaged with the game to ensure that the code cards have been pulled out and placed with the game discs.  Chances are, mistakes will be made and pieces will be lost or misplaced. Further, when the games are 'checked out', the code cards could easily be used or lost.

Additionally, ex-employees posting on here have already conclusively stated that some managers at some stores allow checking out both used and new titles for 'training and evaluation' so that the employees know what they are selling.  I take no offense the practice of opening games for employee training. What becomes the issue is when Gamestop wants to take these open games and attempt to sell them as 'new' to unsuspecting consumers. I understand that Gamestop doesn't want to lose the wholesale price they paid for each of these games.  But, selling them at a discounted price is still likely over their wholesale price.

Attempting to sell as 'new' a formerly factory sealed item that was opened by the store (especially if it has been played) is outright misrepresentation and fraud.  If you purchase the game with the understanding that it is opened, acknowledge that items may be missing and that the game may have been played, no matter what price you paid, then it is not fraud or misrepresentation. It is the obligation of the store to make you aware of these facts. However, that doesn't necessarily make it's a smart purchase at full new price. It the store does not make you aware of these issues prior to purchase and they represent that the game is 'new', then it is fraud, deceptive and misrepresentation.  In other words, Gamestop should label factory unsealed and opened games as 'Opened like new', 'Opened Box', 'Demo' or similar to avoid misrepresentation.  Only by marking these games in this way can you make an immediate informed choice. Only factory sealed games should carry the label 'New'. If you choose to pay full price for an opened item knowing that its opened, that's your choice, but consumers need to be aware of the condition of the full game package before they purchase.
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#3 General Comment

think again

AUTHOR: Sir Itachi31 - (United States of America)

I know a friend who works at a gs he say's that they can only take home used games and only for one day at max, also for the record, if you really care about the condition of the case you must have problems i don't see the problem with at smugged up case as long as the case is ledgibal it shouldn't matter, and another thing, if your smart like me or most other gamers, you would alway's check the disk before buying to verify that you are buying the correct condition of the disk.
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#4 Author of original report

Bad business practice clarified

AUTHOR: Brian - (U.S.A.)

In 2008, Scolmoo writes:

"Arguing on the internet about something so insignificant as a business practice is dumb. That's is why there are other businesses that carry the same products."

The original post was not considered 'arguing [an] insigificant ... business practice'.  It's fraud.  Cracking the seal on a package and separating its contents is, indeed, fraud when the business claims the item is new to the consumer.  It is not 'new' once the seal is broken, the best it can be is 'demo', 'opened box' or 'used'.  If a store labels such an opened package as anything other than this, it is considered fraud and a ripoff which is the reason why this article exists.

Let's get the relevant points. The Ripoff Report site is specifically designed to offer consumers a forum to discuss poor business practices no matter how 'insignificant'.  It is designed to bring issues just like this one to the light of day. The point is that without this article here, would-be buyers who review this site would not know about this incredibly bad Gamestop selling practice and might even accept the purchase of an opened box game as new not knowing that this practice is, in fact, a ripoff.

Yes, this is not a practice that anyone should endorse.  So yes, you got one thing right when you said:


"if you do not like their policies, or business practices then SHOP SOMEWHERE ELSE!"

And that's the whole point to the original post regarding this practice.  Unless Gamestop can produce a factory sealed game for you to buy, walk away from the store.  Do not accept an open box item as new and do not pay for such an open game priced as new.
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#5 Consumer Comment

Can't believe this is still common practice

AUTHOR: james troilo - (United States of America)

I just went through an ordeal with this.

I bought a game used
Ubisoft now charges for every console the game is played on
didn't want to support that unethical practice
went back to GS to just buy new
they sold me a used copy as new and no code...

here are images as proof, clearly very used

makes me sad because the staff that works there have been beyond helpful in suggesting great games, chatting about game qualities/defs, and aren't crazy pushy about offers but have suggested offers that they think I would like which I did once. (always hated the blind rambling off of offers and the pushy way they ask "are you sure you don't want this?" to something obvious not suited to me, not at this place). This is why I don't like buying at bestbuy, walmart, ect..

I even specifically asked him to show me where the survey link was so I could voice my satisfaction, but it's too bad corporate policies treat customers like this because now i'm forced to fight with my wallet and buy from other companies that have no interest in why i'm there or what i'm looking for. 

UPDATE: A manager called me because I did the survey and complained, they want to swap out for a sealed copy that will arrive in days, so they didn't have any new copies at the store. he explained that with the holidays it could have been a return and wasn't properly checked for condition as they are so busy, he apologized, understood my concerns and didn't push me too hard about taking my money back to buy it somewhere else. Again, the staff are great, but this isn't the first time I've felt mislead but GS's corporate policies, warranties are bad too. 

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#6 UPDATE EX-employee responds

Its not as diabolical as you think

AUTHOR: Direeyez - (U.S.A.)

I can understand why people would be upset about this kind of thing, however I would like to clarify things. I was a shift manager at gamestop for almost a year, and yes we needed to have a copy of a game on the shelf at all times for representation. The new game was put into a sleeve and filed. An employee was allowed to check out a game for 5 days at a time, but only used games. New games were not to be touched and were never opened unless a a copy needed to be replaced on the shelf. At the store I worked at, if the customer DID get that last opened copy, it was always written on the receipt if the copy was an opened one, just in case it didn't work and was always checked to make sure it was in perfect condition. The only person who had access to the *new* games drawer were managers (who had keys to unlock them) to help prevent theft. The only time I have ever seen a game sold to someone that didnt have the actual copy of the game was a used game that was traded in and was actually a demo. Its almost impossible to replace the actual disk with a fake. You'd need not only lightscribe material but also digital text/ image burning for the disc (the copyright and company info burned into the center of the disc and the bottom for verification). I hope that helps! I do agree that they should get display boxes instead of opening new product. Its absolutelty rediculous and I had to deal with many upset customers over this issue. The company is trash though and I'm glad I no longer work there. They treat their emlpoyees like crap.
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#7 UPDATE EX-employee responds

Let's get some perspective here

AUTHOR: Nogames - (U.S.A.)

I'm a former District Manager for GameStop and I can guarantee you that I hold no allegiances to the company.

That being said, here is the straight nitty gritty.

The "Checkout Policy" is in the employee manual. It allows any non-pc game and any game that is not bundled with an accessory (Rock Band, Guitar Hero, etc) to be taken home for up to 4 days/3 nights. If it is the last copy in the store, it can not be taken home. So, by this deduction, this means at least 2 copies of any game that is checked out has been opened by the store. The reason this policy exists is mainly to prevent employees from stealing games, but also allows employees to gain knowledge of the games in which to assist customers. Vendors are aware of this arrangement between GameStop and it's employees. As a purchaser of new games, I have always been "uncomfortable" with this practice and encouraged my stores to try and only check out used games and I did not allow my employees to check out games that were within a week of it's release. Games checked out by employees must be returned in "like new" condition and in the proper amount of time or the employee will have to purchase them.

As far as "open box" games, the employee that mentions the clear stickers is correct. Employees could also re-shrink wrap open games. Store key holders also can look up inventory to see whether or not the game was the last one in store on the date it was sold if a customer wanted to return an already opened copy.

I must admit that customers who refused to buy open games was always an issue in store. Some of these customers I rolled my eyes at. The boxes were in great condition with no sticker residue on them. Store employees are anal about the games they buy and do not like to see scratched or damaged copies, as such, they usually do a great job at making sure they do not sell damaged copies and keep the "gutted" copies in pristine conditon. However, many times the customer had a point. The box did not look new, or the copy looked "rough." Stores have the option of giving a "shop worn" discount for copies of games that are not in "like-new" condition.

Because of the way that GameStop stores are set up, they have no choice but to "gut" their games in order to not constantly lose "live" games to shoplifting. If you do not like that the store sells open games, either refuse to buy them, or shop elsewhere. Best Buy, Blockbuster and many others now offer a pre-order program so you can guarantee your game at a variety of places. Best Buy, Target, Wal-Mart all sell games from locked cases or live on the sales floor so you can guarantee that the game you are purchasing has never been opened.

If you are really dying to get the GameStop exclusive pre-order item...pre-order from GameStop, get your item and return the game. You don't even need to leave the store. They are a huge corporate company and they can not refuse you the return if you are within company policy (7 days and in like new condition--software and hardware unopened--accessories can be opened). OR buy the game and keep it if it is sealed.

This is not what I would call a rip off as long as the store is open with their business practices. This is a known GameStop system of displaying product. If you don't like the policy shop elsewhere. If you don't mind the policy and like the best library of games for purchase available, shop GameStop. I haven't been in one since I left 5 months ago. I have easily found every game I was looking for in other retailers. I have also pre-ordered my Christmas release games from other retailers to guarantee I don't have to worry about the Christmas rush on a title I know I or my children want.

One final note, not all GameStop stores are required to comply with local pawn laws. Each store must follow the local laws that govern their type of business. They are not required by law to only take open games in trade. They do not take sealed games to prevent customers from stealing from other stores and trading in merchandise that is stolen. They also do this to make sure there are games in the cases that are being traded in. Several times in my career with the company, employees took sealed copies from customers that were actually empty and the store took a loss on the trade.
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#8 UPDATE EX-employee responds

Yeah, they borrow

AUTHOR: Mikelo - (U.S.A.)

I used to work at GameStop for the past two years. I just quit a few days ago. Yes, borrowing is allowed. The time frame depends on the Store Manager and how new the game is. I have had two differant SMs and neither of them really looked at the game when it came back. I could not tell you about the third as I quit about two weeks after he started. Yes we are supposed to put a clear sticker on it but most of the time we didnt or didnt have any. And how would most customers know to ask about it. They wouldnt. I never messed any games up myself, but that doesnt mean it should still be sold as new. Sometimes if we opened too many we would shrink wrap them ourselves. They also do that to PC games which I think is stupid as an Employee could the steal/copy the CD-Keys. Also, if they say you are going to recive anything for a pre order when the game comes out. Chances are slim. As we always got the items first and they never had enough for even half the people.
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#9 UPDATE Employee

Not Really!!

AUTHOR: Baron1282 - (U.S.A.)

I work at gamestop, and I have been for a good year now. If your Manager is good, than signing out a NEW copy of a game is not going to happen. My store allows use to sign out a USED copy of the game, and stores within the district are the same. It's all depends on your district manager. If you buy a USED copy of a game, than you have 7 days to return it for INSTORE credit, and the game that you purchase with that instore credit is the game you can not return unless it has a problem and does not play. The 7 day satisfaction guarantee is just that, a gurantee that, if you don't like the USED game, you can bring it back for a ONE TIME instore credit, for a chance to get a game you will like. The game you pick up with the credit, becomes yours regardless if you like it or not. Heck, you can beat the game within 7 days and return it for an another one. Now, lets say you got another game with the credit, but it does not work. With ALL our USED things you have a 30 day guarantee. If the USED game stops working within 30 days, you have the right to bring it back, but you will get the SAME GAME back. So, the confusing part is this, if you buy 3 used games, and beat one of them within 3 days, you bring it back and get full instore credit, you buy another game. That game becomes yours, and you can only get the same copy of the game if that disk ends up not working. Now the other 2 games are still eligible for the 7 day guarantee, but the one game is not. See how it works?
Now for the NEW games, yes we gut the copies of games, but that game is put into a protective sleeve, and never touched again, until we take it out to put it into the game case, than we SEAL it with a sticker that's just like a security sticker on a dvd. The reason we do this, is becasue we got to show the game to sale it. Also if we left out the game, people will STEAL THE GAME, thus the price of games go up and you the consumer gets screwed even more. My store, on big games that come out, will avoid gutting a game until a few days after it comes out. Plus the pre order copies are there for 48 hours held for people that pre order, once 48 hours pass, we can sale your pre ordered game (again on big title games, we will hold them longer). Another thing, people if an employee offers you one of our Edge cards, it's a discount card, that will save you 10% on USED items (not systems) in our store, and add 10% to your trade in's. Also you receive a year subscription to GameInformer, the card is a yearly thing so after a year you will have to renew your card, BUT people believe we get commission off saleing this too you. This is not true, we don't get NO commission for ANYTHING we sale at the store. If we did, our managers would only be working, and the GA's wouldn't be working at all.. One last thing, on trade in's, people we don't set the trade in price of your games, don't argue with us on it, we can't help that a sports game that is years old trades in for 10 cents, and we sale it for a $1.99. A game will trade in for however much it trades in, we can not give deals, or anything like that. Employee's can't get deals on trade in's. Here is a point, if your NOT going to play the game EVER again, who cares how much you get for it, it's still better than nothing. Also, my store, we tell people about a rare game they have, and tell them that their better off saleing it on Ebay (I know, were not suppose too, but we do). Heck, sometimes we send people to our competition if we know they can get more cash at that place than at our gamestop. Oh, and 20% off trade in's for cash, so if you want cash at a gamestop it's 20% less than instore credit. I don't see why people get upset about this, it's dumb to get upset and think that gamestop won't sale your game for more than what you traded it in for. We need to make a Money, so I get paid, and heaven forbid my Manager gets a bonus.
The emplyee's make or break a gamestop, one gamestop can be different than the other, only because the emplyee's suck at one. Please, if you run into a GA (Game Adviser) that is not friendly report them, if they tell you something wrong, report them to management. Go to another gamestop, were not all bad, and like any place the people that work at a store, will make it or break it.
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#10 UPDATE Employee

Sad truth

AUTHOR: Employe For Now - (U.S.A.)

Currently our Store Associate Handbook has no sections reguarding "game rentals". So on the corp side record, there is no sign out policy.

However every store gets a "personalized" Red Book each month.
This is our daily planer and dictates for us what inventory scans to perfom, checklists to check off on daily duties and pages for recording sales info. The yellow pages in the back of the book have two sections. One for keeping records of games signed out by employees and the other for Employee discounts recived.

Its in this store copy only that the policy is stated and its usually up to the manager of the store to allow people to sign out games. We are specifically told
if the game was used as a in store interactive demo or signed out copy that employees used that they are not to be sold as anything but new. Not even our newly institued "Shop worn" discount applys. Shop worn is 10% off opened accesories basically, for those people who read the recipt and see anything classified as an accesory can be returend for a full refund (tho cash or store credit is not specified) within 7 days.

So is it possible for me or a legitmate customer want to rent a bunch of controllers and a new game? You can get all the controllers refunded for full credit but not the opend new copy. Most people will look at you like you have two heads if you try to argue that. If the game was used then you can ask for 100% back and they are supposed to give it to you.

Managers dont want your returns because it affects the store's income/shrink %s and that can affect a year end bounus for a Manager who deals with a high volume of returns. So often he will instruct his workers to take a more unyeilding attitude on returns.
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#11 Consumer Comment

So what?

AUTHOR: Fim0318 - (U.S.A.)

Again, Qwerty. Nobody cares about the scummy clothing store you worked at (and thus, logically, all clothing stores are like).
Nobody cares that people wore the clothes and spilled blood and semen or whatever all over the pants and how everyone did it and you had a job so you just sat there and did it because no one else would hire you.

You know what? Both of you are full of it.
I don't believe you quit Scolmoo. Your myspace has your job listed as SENIOR Manager. Why list an old job you supposedly hated? Why come here to complain about a complaint? If the issue is so minor. Maybe you have a new job. That still doesn't explain why you are here.

If complaining on the internet is useless, then why complain on the internet yourselves?
Why? Because, electronics company employees, like Tiger Direct for instance, have a number of "former employees" that show up to try to drive complainers off the internet or discredit them. They all use the same excuses to. They all "hated working there" but that the complaints in question are invalid. Every one of them.

You think that people who don't like it should shut up and never say anything. but you have every right to whine about them on the same internet.

I'm done talking to either of you. You appear to be corporate plants, at worst. At best, internet trolls looking for an argument, because you're too egotistical to allow complaints you disagree with go unchecked.
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#12 UPDATE EX-employee responds

Rebuttal

AUTHOR: Scolmoo - (U.S.A.)

On the contrary I am an ex-employee. If you knew anything about the company you would know that EB Games was bought out by the Gamestop corporation several years ago. After that process they slowly started converting all stores to Gamestop stores. Therefore, I started at EB Games and was switched to Gamestop. Where you got Regional Manager I have no idea?!? I was senior manager, which means there was a store manager above me. I worked in the store as a manager.

I am sorry but I do not patrol the web looking for anyone saying bad things about the company. It was a shitty company to work for. As are most retail establishments. However, this argument is so consistently brought up in the stores that I thought I would answer it online so as to prevent any further arguments.

The bottom line is, I no longer work for Gamestop / EB Games. However, if you do not like their policies, or business practices then SHOP SOMEWHERE ELSE! Arguing on the internet about something so insignificant as a business practice is dumb. That's is why there are other businesses that carry the same products.

Guess what else...I know for a fact that other "used" game stores let their employees check out games too, whether they will admit it or not.
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#13 UPDATE EX-employee responds

Actually, they did it all the time

AUTHOR: Qwerty777 - (U.S.A.)

"Employees are also not allowed to wear them home for a weekend and return them."

I've seen people do that many times. And I didn't really have much of a choice in it, because everyone loved my boss, and I would have gotten fired. I didn't do returns so it wasn't my choice whether or not to take it back. I was also in a sorority where many, many girls would buy swimsuits and formal dresses from other stores and return them after the weekend. Most of them had a tag attacher and would re-attach the tags at home so the store wouldn't know. Oh, and stores do take clothes back without tags. The store I work at now will even take them back if you don't have the tags with you at all, but we actually look to make sure they are in re-sellable condition.

And gamestop does actually buy back sealed games. I never quite understood it because you still get the same crappy price, but 9 times out of 10 they are stolen, so it didn't bother us too much.
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#14 Consumer Comment

Not an Ex Employee

AUTHOR: Fim0318 - (U.S.A.)

Also according to Scolmoo's Myspace page he is no "Ex-Employee".

He's regional manager of an EB Games (same rotten company) in Texas. Managers aren't exactly the most objective, unbiased of people.

Company line towing employees that troll the internet looking for fights with anyone who speaks ill of your company like you, make me sick. If you don't like people complaining don't read the internet. Go back to shilling your useless discount card and buying used games for ten dollars and selling them for thirty five.

It's only "used" when it's scratched? Are you kidding? That's by far the most ridiculous thing I've ever heard. It's used when it's factory seal is broken, same as all electronics.

If that's the case, does the store need to apply a scratch manually to any discs that may have survived unscathed by their previous owners?

Clothing stores will not accept clothing with out the tags as returned. If the clothes came in plastic and it was opened? Ditto. The clothing defense is bull.

The cars? Even more so. Cars are already driven before they leave the factory. Or sometimes driven to dealerships and if the previous guy thinks that a used car is the same as a new one just because it was test driven he/she is out of their mind. Again, that's the way the business works.

I'm sure you have a ton of hyperbole excuses but I don't care what they are.
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#15 Consumer Comment

Different Type of Business, Different Laws

AUTHOR: Fim0318 - (U.S.A.)

Don't sit here and compare electronics to clothes or cars. They are governed by different laws and different standards for "used condition"
Gamestop has to obey pawning regulations. They are a reseller. They can't buy a sealed game.
As soon as the factory seal is broken it is no longer new and having employees take the game home is no different than someone buying the game playing it one day and bringing it back only to be offered the trade in value (i.e. crap) because it is "used".

As for clothing, there usually is no factory seal. Employees are also not allowed to wear them home for a weekend and return them. New cars have to be driven at some point and it takes specific details about the car for it to be considered "used".

However, this IS different. If other companies are doing worse things? Guess what, they should be filed here too. If the guy whose boss told him to wash s**t off of new clothes and he just stood there and did nothing? Guess what? You're a irresponsible employee and don't deserve your job. If Best buy takes a returned TV and puts it back on the shelves? That's also a rip off, it doesn't suddenly absolve Gamestop of being cheap bastards who allow their employees to use games and then sell them as new.

Plastic sticker? Are you kidding me? If it's broken it can't be returned, which means you can't try it out first, unlike the employees. Gamestop will come up with any reason to get as much money as possible out of it's customers, even if that means selling used (by their own double standards) as new. If three employees can take my game home and play it, even if it is in "pristine" condition. I should not pay new price for it.

Have a problem with that "ex-employee" (and I put that in quotes because you sound more like a corporate shill)? Here's a thought, make mock up display cases. There are tons of spare cases in the back. Make a copy of the front and back. That way, the tired excuse of people wanting to see the back of the case is done.
Oh yeah but, that may take more effort than standing behind the counter talking to each other and playing PSP's all day.

Employees like you make me sick. Gamestop treats it's employees like crap and you come in here with sword and shield ready to take one for the cheap, abusive, underhanded team. Good job.
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#16 UPDATE EX-employee responds

...

AUTHOR: Scolmoo - (U.S.A.)

You don't understand, even if employees can take it home its required to be in new condition. I worked there for 1 year and never did I bring back a disk that was scratched in any way.

You and every other customer with this issue make me sick. You know what? If you aren't happy with it then tell them you don't want it, or go do your game shopping elsewhere! Every other store nowadays sells video games so your choices are endless. Its not used unless its scratched! Or you could always buy the $1 warranty on the game to protect you for a year.

Of course I'm sure you also raise hell if you buy a game and don't like it, but want your money back.
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#17 UPDATE EX-employee responds

...

AUTHOR: Scolmoo - (U.S.A.)

You don't understand, even if employees can take it home its required to be in new condition. I worked there for 1 year and never did I bring back a disk that was scratched in any way.

You and every other customer with this issue make me sick. You know what? If you aren't happy with it then tell them you don't want it, or go do your game shopping elsewhere! Every other store nowadays sells video games so your choices are endless. Its not used unless its scratched! Or you could always buy the $1 warranty on the game to protect you for a year.

Of course I'm sure you also raise hell if you buy a game and don't like it, but want your money back.
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#18 UPDATE EX-employee responds

...

AUTHOR: Scolmoo - (U.S.A.)

You don't understand, even if employees can take it home its required to be in new condition. I worked there for 1 year and never did I bring back a disk that was scratched in any way.

You and every other customer with this issue make me sick. You know what? If you aren't happy with it then tell them you don't want it, or go do your game shopping elsewhere! Every other store nowadays sells video games so your choices are endless. Its not used unless its scratched! Or you could always buy the $1 warranty on the game to protect you for a year.

Of course I'm sure you also raise hell if you buy a game and don't like it, but want your money back.
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#19 UPDATE EX-employee responds

How is this different than...

AUTHOR: Qwerty777 - (U.S.A.)

Please explain to me how this is different than buying a "new" car that countless other people have test driven all over the place. Or how about in clothing stores where you don't know the kind of diseases and nastiness that people are spreading on your clothes, and yet they are still sold as new. I worked in a clothing store for two years--I couldn't even tell you the stuff I was told to get off of clothes that would then be sent back out onto the floor, and no customers had any idea. I don't buy new cars because I don't think they are any better than used ones, because I don't know who's test driven them or what's been done to them. I also wash everything I buy twice before wearing it. I still have to pay the "new" price though.
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#20 Author of original report

This is still a Rip-Off...

AUTHOR: Brian - (U.S.A.)

I am the original poster of this article...

Regardless of what the employee has said, the fact is the box is still opened and the disk has been separated from the box. Putting a clear round sticker on the edge doesn't guarantee you that Gamestop will accept it back as unopened. The main issue, however, is not that you can't return it or that the employees take it home to play it. Although, this is clearly an issue.

The issue is that Gamestop sells the games that are opened as new at factory sealed new prices when clearly these games are NOT new. This is the rip-off. There is no business I know of anywhere, other than Gamestop, that opens factory sealed merchandise, removes the merchandise from its packaging, allows employees to take the merchandise home and then sells the game back to the consumer as though it were a new unopened product at new unopened prices.

Again, this business practice is firmly fraud when labeled as new. This game is clearly opened and should be considered, at best, a 'demonstration unit' (demo) or an 'open box item'. If an employee has taken it home, then it is considered 'used'.

Thus, the employee, by confirming that they can take them home, has proven that these opened games should be considered used. It doesn't matter if they are scratched or unscratched. If they have been placed into a game system (let alone taken out of the store), these games are confirmed USED and should be sold at USED prices.

This is the rip-off. Don't let employees blind you by diverting your attention away from this deceptive and fraudulent selling tactic. If you don't mind being sold opened and decidedly used merchandise at factory new prices, that's entirely your decision. But, that doesn't make this selling practice any less of a rip-off.
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#21 UPDATE EX-employee responds

Well..

AUTHOR: Qwerty777 - (U.S.A.)

I suppose I should have also mentioned that its been almost two years since I quit that job, and since I don't own any video game system except a DS, I don't shop there, so I really don't know how much of that is still true. And like I said, my boss was super anal about it--in the 11 months that I worked there, there was never one person who borrowed a game without being told to buy it, even when there was nothing on the disk.
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#22 Consumer Comment

WOW...

AUTHOR: Robert - (U.S.A.)

Until the Ex-Employee responded I really would not have considered this a Rip-Off. Because when I have bought from them they pull out the disks separately and the disks have always been in good condition. Also, the one time I did have a problem with a Used Game, they exchanged it without a second thought. So I never felt as if they were a Rip-Off.

But if the Ex-Employee is telling the truth there does appear to be a what could be an issue here. By the comments an employee is allowed to "borrow" a game. Even if it is returned in prestine condition it is no longer new. I wonder what the Game Companies would think of this practice if they read the response???
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#23 UPDATE EX-employee responds

Not entirely correct...

AUTHOR: Qwerty777 - (U.S.A.)

First of all, most employees, if they were trained right, should know that if someone does buy that gutted copy, they are supposed to place a big clear sticker along the edge to seal it shut. If they don't, ask for it. This solves your problem number one, because as long as that is still sealed within 7 days, you can still return it. Also, yes one of the perks of working there is being able to take the games home. However, there are rules. Before anything, there had to be at a very minimum three new copies of the game, not including the gutted copy. We could only borrow it for 24 hours I believe, and then on top of that, it had to be in perfectly pristine condition when it was brought back. Maybe not all stores are as anal as my boss was, but if there was even the tiniest bit of dust, we were forced to buy it, which is why I only borrowed cartridge games. And, if you ever do end up with the gutted copy, ask to see the darn disk before the put it in the box! You should always do that with any gutted or used copy you buy. Oh and as a former employee, I can tell you that those disks are not "man-handled" ever, except for the rare times someone wants to borrow it. And most of the huge title games never were borrowed, because the employees were smart enough to buy it. And of course the ultimate way to get around the gutted copy---reserve the stupid game!
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