GameStop‘s motion to dismiss a class action lawsuit filed against it over its used games policy has been denied by a federal judge.
The complaint alleges that the retailer’s policy of withholding single-use downloadable content codes from second-hand purchases constitutes fraud, Polygon reports.
District judge Robert Kugler sided with the three plaintiffs, stating that they believed “their pre-owned video games would include all of the content of a new video game”.
The customers took action against GameStop after discovering that purchasing a new game along with separate single-use DLC would cost them more than buying a new release at full price.
“DLC was not included with the purchase of pre-owned games, but did not reveal this fact to plaintiffs,” reads the complaint.
The plaintiffs are also accusing GameStop of misleading them with its claims that its used games program offers “value for customers”.
Ready at Dawn boss Ru Weerasuriya recently criticized used game outlets such as GameStop, claiming that they are taking advantage of customers and damaging the industry.
Microsoft’s controversial attempt to introduce DRM controls to its Xbox One games was partly intended to help developers profit from used game sales. It dropped the policy in the face of opposition from gamers and the industry.