GameStop selling open games?

It happened to me. I went to the shelf to get the Tales of Vesperia open box and gave it to the cashier. He just went to the drawer and gave me a disk. I was going to ask for a new one, but I didn't feel like making a big fuss.

I hope GS gets sued over this because we can't do the same thing. We can't go home, open the box, play with the game, don't like it, return it, and get our refund. Once a game is opened, it's used. No way to look at it.

That is not a used game. Just like Jenova already said, they are not going to be stupid and put the brand new games on the shelves open for everyone to steal it. Gamestop stores are not really that big, so it is not that much of a problem to steal from there. That's why the discs are in a safe place. The cases are just out for display. This is not only in Gamestop, it's also like that in Toys R Us, and other places.

EDIT:

I take back ALL of what I said above. I will never purchase a game in GameStop again. I picked up a game, just today, and the seller did the same thing! I said:"OK, so what, it's not like there's anything wrong with the disc".

I come home (with an unsealed case) and there it is, a scratched disc with loads of dust on it. My PS2 didn't read it. I paid for a new one, but got a used one. I came back, Gamestop said it was MY FAULT! Unbelievable!

Today, I threw away those 20$. Just like that.

I was taking their side and saying they are trying to be safe, and the real deal was, they are the thieves, not us.

OMG!!! THATS TRUE!!! I went to gamestop last thursday to get MGS4. So he picked up the case and went to the counted to out the CD from somewhere and he put it in, then he sealed it up. So I was like WTF!

Whats going on. I said to him NEW too. I didnt understand. And I hated it more because there was a sticker on the game box. This is terrible.

EDIT: But still if the case is already opened how could it be new. They can't possible charge for the same price if they already opened it. Thats outrageous.

EDIT: If you also agree with everything check this video:

http://www.youtube.com/watch?v=x5_DgLCu6fk

Honestly, I just get the games used because they have a one week return policy where you can just take it back if you don't like it. Or, like what I did with LittleBigPlanet, I just asked for one of the unopened copies with the plastic wrap on it. Honestly I never buy new anymore, accept the only problem with the used game is they put those impossible to get off yellow stickers on the cases, put I have stuff to get crap like that off easier, so no biggie. Even though I haven't really had that done (except I think with the Simpson's game) I think it's kind of illegal and needs to be dealt with.

It happened to me. And what made the situation worse is I don't live in the US. I went to New Jersey once and passed by a Gamestop and got a game. I trusted them so I didn't bother check it. When I got home to Toronto, I found out it's a used game (with scratches and everything). I called and emailed them and said I have to send it back to NJ and I have to shoulder the shipping cost (they are really retarded) and they said EB Games Canada won't exchange it. So, I tried to call EB Games here in Toronto and told me to come to the any EB store and they'll gladly replace it (in behalf of retarded Gamestop employees in the US). Customer service here in Canada is the best!

Add'l info:

The one I got from Gamestop, NJ is an open case (not sealed) and I paid for brand new. but since they handed it to me in a bag, I didn't notice right away. EB Games Canada replaced it with a sealed, brand new one

Edit:

To Gamestop retardeds:

We customers don't really know if there isn't any game left that's why you are giving us your display units. It can be a strategy within the company to sell used as brand new and make more money. In Futureshop or Bestbuy (big electronics stores here in Canada), all opened box items (LCD TVs, laptops, cameras) are sold at incredibly discounted prices. We don't mind getting an opened game but at least mark down the price and don't sell it as new.. It's all about common sense. And we are not stupid not to notice that it isn't new. you are stupid by selling it as brand new.

yes this has been going on for a while now i honestly don't know why it just came up

i also picked up killzone 2 but they gave me a new one and it has only happened to me once and it was with fable 2 and when they did that to me i just went to another gamestop for another sealed copy

Happens

Happened me today if you must know i was buying Gears of War two and it said new on the actual case so i brought it up to the counter and the clerk took one from the back room that was just lying on a table (he left the door open) and i told him he could keep it and i didnt want it no more

something similar kinda..i bought a used mlb 09 the other day at gamestop and got home, like an idiot i didnt check then, it was mlb 08...but i'll return for the newer one or just get a different game

It happens at all Gamestops.

If they dont have any sealed copies they have to use the ones that they opened for display purposes. The disk itself is still new and un-used, it has simply been opened for the box to be put out for display.

It's your right to ask for an unsealed copy, and if they dont have one you can simply buy it elsewhere.