GameStop Downloadable Content Class Action Settlement

A federal judge has preliminarily approved a class action lawsuit settlement with GameStop over allegations it sold used video games to consumers who were unable to access certain downloadable content and online feature unless they paid an additional $15, even though the game’s packaging said the content was available for free with the purchase of the game. If you were a California resident who purchased a used game from GameStop in the last six years, you may be entitled to a cash payment and store credit from the class action settlement.

The GameStop used game settlement will resolve a class action lawsuit, entitled James Collins v. GameStop Corp., that alleges GameStop and certain subsidiaries failed to adequately warn consumers that although certain downloadable content may have been available on certain games when purchased new, such content may not have been available when the same game was sold used by GameStop unless consumers paid an additional fee.

GameStop denies any liability, but has agreed to a class action lawsuit settlement to avoid the expense of ongoing litigation.

Class Members of the GameStop downloadable content class action settlement include all California residents who purchased a used video game from GameStop at any time March 23, 2006 through April 9, 2012 that offered free downloadable content to purchasers of a new copy of the game and such downloadable content was not available to used game purchasers without additional payment.

As a Class Member, you’re entitled to one of the following benefits from the GameStop class action lawsuit settlement:

Option 1: You can elect to receive a $10 payment and a $5 GameStop store credit toward the purchase of a used product of any kind, good for 180 days from the date of issuance, provided that you can provide proof of purchase or provided that proof of purchase is verifiable through GameStop’s records. In addition, Class Members who elect Option 1 must also provide information regarding (1) the name of the service he or she used to access the necessary third party services (such as Xbox Live or PlayStation Network); (2) his or her user name or gamer tag; and (3) the location of his or her purchase.

Option 2: Class Members can elect to receive a $5 payment and a $10 GameStop store credit toward the purchase of a used product of any kind, good for 180 days from the date of issuance, without providing proof of purchase. In addition, Class Members who elect Option 2 must also provide information regarding (1) the name of the service he or she used to access the necessary third party services (such as Xbox Live or PlayStation Network) and (2) the location of his or her purchase.

To receive a cash payment from the GameStop class action settlement, you must submit a valid claim form postmarked no later than July 19, 2012. Claim forms can be downloaded from the Settlement Administrator’s website: www.GameStopSettlement.com.

A Fairness Hearing will be held September 17, 2012.

More information on your rights in the GameStop Downloadable Content Class Action Lawsuit Settlement can be found at www.GameStopSettlement.com.