A federal judge has denied Gamestop’s motion to dismiss a class action lawsuit filed over the absence of single-use DLC codes for used games, Polygon reports. The lawsuit alleges that this policy 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 them 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.

This is a very interesting thing to see as the way that Gamestop goes about selling used games is a little odd. The used version is normally no more than $3-$5 cheaper, but of course it will not include the DLC if a previous owner has already claimed it. I’m sure that the management at Gamestop encourages the sale of used games to the workers because that brings them more profit. What do you all think about this situation?