GameStop class action alleges digital games misrepresented as purchases

GameStop class action lawsuit overview:

• Who: A GameStop customer filed a class action lawsuit against the video game retailer.
• Why: The plaintiff alleges GameStop misrepresented its digital video games as purchases when they are actually licenses.
• Where: The GameStop class action lawsuit was filed in California federal court.

A new class action lawsuit alleges GameStop misrepresented its digital video games as purchases when they are actually licenses.

Plaintiff Jake Weber filed the class action complaint against GameStop Inc. on Jan. 8 in California federal court, alleging violations of state consumer laws.

According to Weber, GameStop led consumers to believe they were buying digital games when they were actually only getting a license to access them.

Weber says he purchased a digital copy of the game Elden Ring-Nightreign from GameStop’s website in June 2025, believing he was buying the game outright. However, he later discovered that he had only acquired a revocable license to access the game, the class action lawsuit says.

The lawsuit claims GameStop’s website uses terms like “buy” and “purchase” to describe digital copies of video games but fails to inform consumers that these digital copies come with limited rights compared to physical copies.

GameStop didn’t disclose digital video games were licenses, plaintiff claims

The class action lawsuit claims GameStop’s practices violate California’s Digital Property Rights Transparency Law, which requires sellers of digital goods to clearly disclose when a purchase is actually a license. 

The law, which went into effect in January 2025, aims to protect consumers from losing access to digital content they believe they own, Weber says.

Weber alleges that GameStop’s website does not provide any clear notice that digital versions of games are fundamentally different from physical copies. He claims that at no point during the purchase process did GameStop inform him that he was only acquiring a license to access the game.

The class action lawsuit also notes that other digital video games retailers, such as Steam, comply with the law by clearly stating that digital purchases are licenses.

Weber is looking to represent anyone in California who purchased a digital video game from GameStop. He is suing for violations of California’s Unfair Competition Law and False Advertising Law and is seeking certification of the GameStop class action, damages, fees, costs and a jury trial.

In December, a consumer sued Apple, claiming the company violated the same California law when they selected to “Buy” content on Apple TV.

What do you think of the allegations made in this GameStop class action lawsuit? Let us know in the comments.

The plaintiff is represented by Stefan Bogdanovich and Philip L. Fraietta of Bursor & Fisher P.A.

The GameStop class action lawsuit is Weber v. GameStop, Inc., Case No. 2:26-at-00047, in the U.S. District Court for the Eastern District of California.

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