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GameStop's motion to dismiss used games class action lawsuit denied

A federal judge has denied Gamestop's motion to dismiss a class action lawsuit filed over the absence of single-use downloadable content codes for used games, Polygon reports. The lawsuit alleges that this practice violates the New Jersey Consumer Fraud Act.

United States District Judge Robert Kugler's opinion on the lawsuit revealed that the three plaintiffs believed "their pre-owned video games would include all of the content of a new video game." They also alleged that purchasing a used game and a new single-use code actually cost more than if they had purchased a new $60 game.

The plaintiffs claim that GameStop knew "DLC was not included with the purchase of pre-owned games, but did not reveal this fact to plaintiffs." They also allege that GameStop "induced" them to purchase used games by stating that its "used game trade program creates value for customers" and by printing savings on receipts.

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