GameStop Corp. and GameStop, Inc. do business online and in brick-and-mortar stores, selling video games and gaming products. The complaint alleges that the company sometimes did not deliver products and did not provide customers with refunds as promised. It claims that those failures amount to unfair business practices, conversion, and breaches of contract, among other things.
The complaint for this class action is all individual or other customers of GameStop who placed orders in California, to whom GameStop did not ship the products ordered, or failed to issue refunds due to return or cancellation, or failed to timely ship the products ordered within one day when the customers had paid for one-day shipping, between July 19, 2015 and the final judgment of this case.
In April 2017, plaintiff A. Gilewski placed an order for a console and video games at the GameStop website and paid extra for one-day shipping. The complaint claims the company indicated that it had and would ship the console, but did not do so; the order arrived with only some of the items ordered. Unfortunately, the games were of no use without the console, and the one-day shipping Gilewski paid for was also useless.
Gilewski complained to the company. It promised to deliver the entire order, but the complaint says it never did, even though it had already charged tax and shipping for the console. Gilewski then returned the remainder of the order, the games, which were useless to him without the console. According to the complaint, the company refused to refund him for the games or for the tax and shipping he paid on the console that never arrived.
The complaint says that Gilewski complained repeatedly to the company and was told that the products would be shipped to him, but they were not. A May 6 e-mail from the company said he would get a refund if he returned the products that had arrived. Using a UPS return label supplied by GameStop, he did so, but the company never refunded the money.
On June 6, Gilewski even went so far as to drive to a GameStop store and speak to the employees there in person. They said they would look into it. However, the complaint says that the company never got back to him about the investigation and he never got his refund.
The complaint alleges that “these misrepresentations of [GameStop] are not the result of inadvertence or innocent mistakes. Rather they are part of a scheme, pattern, and practice engaged in company-wide online and at their stores to cheat customers out of their money and make misrepresentations to customers.” It claims that numerous online reviews or complaints show that other customers have been similarly left without products they ordered or refunds.