"New" might mean "slightly used"

If you've ever bought something from GameStop, you know that the boxes on the shelves are empty. The discs are safely behind the counter. It seems, however, that it's not all about inventory control.

Kotaku scored a copy of the retailer's "check-out" policy, confirmed by a number of employees:

Associates are allowed to check out one item of store merchandise for personal use for up to four days. Merchandise checkout is a privilege, not a right, and may be revoked at any time.

In other words, when the kid behind the counter tells you - as GameStop employees often do - that "this is such a great game," he might have actually played the game ... in fact, he might have played the very copy you're buying. Of course, you're paying full price for a used game, but it's no big deal, right?

Maybe not:

The accusation that this practice is illegal stems from Kotaku’s limited conversation with the Federal Trade Commission and its mandate that it is charged with protecting "consumers from unfair or deceptive advertising and marketing practices." If a company is found to have violated this provision, they may be prosecuted under federal law. The FTC also states that consumers are encouraged to file a complaint with them about a company’s business practices.

(quote from Eric Ford at gameslaw.net)