GameFly files further complaints against US Postal Service
Back in April, video game rental service GameFly filed a formal complaint against the United States Postal Service for supposedly offering preferential treatment and care to Netflix and Blockbuster parcels, and none to its equally fragile mailers. Now, GameFly is petitioning for information relating to "Netflix-only" drop boxes present in certain post offices. Though the USPS filed a directive to employees two years ago mandating that these boxes be taken down to avoid legal ramifications, GameFly presented photo evidence of Netflix slots remaining in two California post offices.
GameFly has also continued its original complaint, claiming parcels from larger DVD rental services were being manually sorted to prevent damage and breakage. The USPS responded with a curt "all DVD mailers are not equal," and suggested that GameFly update its disc packaging to better protect its product.
When asked for comment on the complaint, a GameFly representative said, "Unfortunately, we cannot comment as it is a legal matter."
[Update: For visual aid, we've received the above image from a reader whose post office most certainly does sort Netflix and Blockbuster DVDs separately. He said they don't include GameFly DVDs because the rate at which encounter them "is much lower." Well, look at that.]
[Via GamePolitics]
GameFly has also continued its original complaint, claiming parcels from larger DVD rental services were being manually sorted to prevent damage and breakage. The USPS responded with a curt "all DVD mailers are not equal," and suggested that GameFly update its disc packaging to better protect its product.
When asked for comment on the complaint, a GameFly representative said, "Unfortunately, we cannot comment as it is a legal matter."
[Update: For visual aid, we've received the above image from a reader whose post office most certainly does sort Netflix and Blockbuster DVDs separately. He said they don't include GameFly DVDs because the rate at which encounter them "is much lower." Well, look at that.]
[Via GamePolitics]






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Reader Comments (Page 1 of 2)
Satn @ Oct 14th 2009 5:29AM
If gamefly bought more than 5 new release games to rent out, I might just care.
I also might still be a subscriber.
Charades @ Oct 14th 2009 5:35AM
I agree, my queue has been filled with games and they have yet to ship me one.
Chris D.(PSN: Aggie_CEO | XBL:The Aggie CEO | Steam: Aggie_CEO @ Oct 14th 2009 6:27AM
so ummmmmmmm yea they buy Hundreds if not THOUSANDS....
I damn near ALWAYS get a game on release as long as I have an open slot...
they also have a "Seniority" rule from what I can tell.....I've been with them for 3 years and get new releases all the time, while people I know that have been there just 6 months and have an open space waiting on a new release like I do get NOTHING
Charades @ Oct 14th 2009 7:26AM
I've been with them for a year in 12 days and I live near their Tampa warehouse yet I have yet to get a game for the past 2 weeks. It has only been like this recently, I used to get even the newest titles.
Satn @ Oct 14th 2009 7:38AM
Was a subscriber for about 11 months
I had 2 game plan, zero games out
Had NFS shift, batman, and ODST in queue for a week with nothing shipped
I went to a local blockbuster, which had multiple copies of ODST and batman in stock.
If blockbuster has it in stock, and gamefly doesn't, that's sad.
Chris D.(PSN: Aggie_CEO | XBL:The Aggie CEO | Steam: Aggie_CEO @ Oct 14th 2009 8:03AM
did you have nothing else in the Q when those games came out? thats the best way to do it.....whats sad is GameFly isn't like netflox....
with Netflix you can have the top 4 at "Very long wait" and the 5th movie will be shipped....GameFly will wait like 5-10 days to ship something that isn't your number one request....by that time it could be longer due to someone else getting it
Chris D.(PSN: Aggie_CEO | XBL:The Aggie CEO | Steam: Aggie_CEO @ Oct 14th 2009 8:05AM
I meant netflix not netflox....smh....
and as for BB having them and GameFly not......ummmm yea...you realize that BB is on the way out the door because hardly anyone goes there anymore right?? thats why they have an assload of them...COST TOO MUCH
PedoJokerBear [Planeteer | Power of Gall Bladder] @ Oct 14th 2009 8:20AM
i have a lil trick (i guess?) i do with gamefly, right now i have nba 2k10 madden 10 and ODST at home, borderlands is coming out on the 20th, so i know if i want to have borderlands i just ship out ODST 4 days before so they can receive it and at the same time i have borderlands first in my queue. it ALWAYS works and ive been with them for over a year so far. best investment ive done in awhile. Also since i received 2k10 and madden new i get to buy it for alot cheaper while still getting to play it when it comes out.
Aaron @ Oct 14th 2009 9:09AM
Gamefly is terrible about sending out games. I switched to Gamerang and have been so much happier. They ship my top games and they ship them right away and they come fast. Seriously, Gamefly sucks.
The Dark Wayne [Planeteer: Power of the Batusi] @ Oct 14th 2009 9:23AM
holy shit are they fucking slow. I mailed a game on thursday, and I made sure to do it early so it would get sent out that day, and they havent even sent me the fucking received notice. I collect action figures and statues for a lot of different stuff, so I get shipments from China and Hong Kong a lot. I got a package from Hong Kong using the Hong Kong-US Postal Service in less than a week and these guys cant even ship a game from Pittsburgh in that time
Neuromancer @ Oct 14th 2009 9:49AM
Yeah I quit too. I just wasn't happy when I got passed up for new releases, and people on message boards with less time on than me, and with the game in their queue for less time, got it instead.
thomsonmd76 @ Oct 14th 2009 10:03AM
Gamefly has been great for me. I'm 2 states away from the nearest ship center but I got ODST a week after release, and games come in about 2 days.
I've played 30+ games last year ALL from Gamefly and paid them a little over the price of 3 new games. People have a little patience, it's a screamin deal.
Tiptup300 @ Oct 14th 2009 11:30AM
I had like a list of 12 and they only would ever send me the last game on the list that I didn't care about. Fuck you gamefly.
BananaBoat @ Oct 14th 2009 12:38PM
If you want new games on GameFly, this is what you have to do: dump your entire queue, put the game you want on the top, and then wait. It may take a week, but if you are on the 2 game plan, you should still have one game to play during the interim. I realize it's a joke, and that GameFly should have enough copies for most of their customers (at least all of their pre-queuing ones) but that is just how it is. I almost never get a new game on launch day, but it's rare that it takes more than a week for me to get one if it is the only thing on my queue.
If you absolutely have to have a game right now, your options are either buying it, or going to Blockbuster and paying 10 dollars for a 5 day rental (or however much it is now), if they even have the game.
Ignatius @ Oct 14th 2009 1:17PM
I don't see how everyone has had this trouble, I've had long-ish waits, inbetween 1-2 weeks maximum, but five minutes ago, I received an email saying they shipped out Ghostbusters.
I shipped my other game (Madden 10, ugh).. YESTERDAY. Fast Return still works here in Idaho, I guess. I've had a fairly great service and I've played dozens of games without having to pay that incredibly high $60 for brand new games, compared to that, the monthly fee of $24 (for two games) is paltry.
Sankarihauta @ Oct 14th 2009 3:36PM
I've been a member since July of 2004. It was fantastic in the
beginning. It seems that since they've grown, they have gotten a
little worse. There have been a few times I have been "game-less"
for a week or more. As far as low stock new releases go, it is an
issue. Luckily for me, I'm still progressing through the summer
releases, so things have been smooth. One very redeeming quality for
Gamefly are their pre-owned prices. Overall I've saved a good amount
of money using Gamefly.
Archon (Charity Game-a-thon with live feed on Sat: arhn.eu ) @ Oct 14th 2009 5:41AM
Here in the UK, Lovefilm uses throttling. They wait a day or two after they receive your disc before they send you another one if they feel that you rent too many. Unlimited DVD rentals my a**.
"It was revealed that they practised throttling, where high-volume customers may experience a greater likelihood of (slower) shipments from alternate warehouses, and selections from lower in their rental list. They are also less likely to receive replacement shipments on the same day a disc is received."
What it boils down to: don't expect to rent more than one DVD a week on your "unlimited rental" scheme.
They also use the Postal Strike going on right now to send the DVDs even later and blame the post... "What? We sent your DVD three days after we got your last one? IT'S THOSE EVIL POSTPEOPLE WE TELL YOU!"
spoo @ Oct 14th 2009 5:53AM
I have had more broken Netflix Bluray discs in the last month (5) than the last 4 years (on and off) with Gamefly (0).
Hmmm...
scooterbaga @ Oct 14th 2009 5:54AM
I'm not sure what service the above posters are using. Gamefly rocks. I've been a subscriber since near the beginning.
Anyway, I find the quote "...suggested that GameFly update its disc packaging to better protect its product." a little strange. Gamefly games come protected in a cardboard sleeve. Netflix doesn't do that. And these games are still breaking? That's just weird.
Chris D.(PSN: Aggie_CEO | XBL:The Aggie CEO | Steam: Aggie_CEO @ Oct 14th 2009 6:35AM
they have only been doing that for a little over a year tho..I first joined in 2007 and they didn't have the cardboard inserts...I got 4 or 5 broken games before they used the inserts
scooterbaga @ Oct 14th 2009 6:48AM
GFs been around a lot longer than that. The 'no cardboard' thing was a temporary thing. They went back to it after not too long.
Chris D.(PSN: Aggie_CEO | XBL:The Aggie CEO | Steam: Aggie_CEO @ Oct 14th 2009 7:05AM
yea I know they been around a lot longer than that. But if they had the inserts before then why take them out and put them back? thats just dumb
Dale @ Oct 14th 2009 10:52AM
Yeah, I just joined Gamefly, and my first game - Halo 3: ODST - arrived wrapped in cardboard. It also shipped within days of the first charge clearing my card.
If Gamefly were to receive the same treatment as Netflix, I'd be happy - I am so close to my nearest Netflix warehouse that discs get from A to B in a day.
Sidebuster @ Oct 14th 2009 10:56AM
@chris D
Dear James,
Thank you for contacting GameFly. We changed the mailer a few months ago in order to improve delivery times. The new mailer does not include the cardboard protectors that we used prior. Should you ever receive a game damaged in the mail, please let us know.
Our handheld games (PSP, DS, GBA) will continue to be mailed in the usual mailer with the cardboard insert. Please return these handheld games with the cardboard in the same mailers they arrived in.
We appreciate your feedback. Please let us know if we can be of further assistance.
Sincerely,
Customer (James) 11/16/2007 04:47 PM
Well I didn't lose the sleeve but there was no section for my concern. I have had used gamefly a while ago and just restarted my subscription. I got Assasins Creed in the mail today and I noticed it was missing the cardboard protective sleeve. The normal cotton like sleeve with the info on it was there and so was the game. The game has some kind of nick or crack on the outer edge part, so far the game works fine though.
I was wondering firstly if you guys still use that protective cardboard sleeve? and if so maybe you can send another envelope or cardboard piece in it so that when I return the game later on that it won't get damaged while being transported.
The game disc has no scratchs and seems to be running as normal, but the outer edge of the disc (out of the DVD's data area) has two little nicks that you can't really feel but are easly seen by the eyes.
Just thought I would let you guys know.
MichaelBB @ Oct 14th 2009 6:10AM
Trusting the US postal service period is the biggest problem, they should goto FedEx Ground or someone else thats more dependable and on time
Massmass @ Oct 14th 2009 6:20AM
The ironic thing is that Fedex teams up with the USPS to mail out cheaply. Although, I suppose it may bypass USPS sorting centers, then again maybe not.
Chris D.(PSN: Aggie_CEO | XBL:The Aggie CEO | Steam: Aggie_CEO @ Oct 14th 2009 6:29AM
uhhh yea....that'll keep cost low....get FEDEx to do something that USPS does for 50-70% less
DerKapitan @ Oct 14th 2009 6:13AM
worked for the US PS, cant deny they see gamefly mailers and are like "cant read address, return to sender" their sorting pc's hate the gamefly mailers.
Chris D.(PSN: Aggie_CEO | XBL:The Aggie CEO | Steam: Aggie_CEO @ Oct 14th 2009 6:32AM
they just need to pretty much clone the Netflix mailers but make them slightly thicker so they aren't easily damaged....before the cardboard inserts I use to get cracked games ALL the time. I'm just glad they didn't try to charge ME for it....they just REALLY need to open more shipping centers...that will cut down on games having to ship long distances and risk getting fucked up even more
malexandria @ Oct 14th 2009 7:56AM
I HATE gamefly with a fiery passion. It takes them literally 7 days to ship me a disk and another 3 - 4 days to "check in" a disk so from the time I send a disk back to getting a replacement (assuming the rare instance a title is available) takes 10 days, TEN DAYS! If you don't get a release on opening day - forget it, you won't get it for at least 3 or 4 months. After 3 years of shoddy service I canceled my account and two months later I had to wait 3 months before I could rent more than 1 title at a time - which is stupid.
I want to cancel again, but I have discovered how to get new releases, I just have to really manage the release dates and make sure my que is clear at least a week before a big title comes out. Their service is frustrating garbage. At this point, I'd almost rather just buy all my games. I wish Netflix would offer a Video Game service or someone else could be better than gamefly.
Chris D.(PSN: Aggie_CEO | XBL:The Aggie CEO | Steam: Aggie_CEO @ Oct 14th 2009 8:09AM
Where do you stay? if you don't stay relatively close to a shipping center I can see why you would say that...
I stay in NC, my shipping center is in Tampa....2 days to show as received, then another 2-4 to get the next game...
like you I get New Releases and for the most part I like that cause I get a NEW game for a "Used" price...can't beat that....Uncharted 2 for just $45....and then I had $10 in coupons and I just got uncharted 2 BRAND NEW for only $35!!!!
Todd @ Oct 14th 2009 8:04AM
I just canceled GameFly yesterday because even though my Q had about 20 titles in it they never bothered to ship me anything for 3 days. I can almost understand slow mail. I don't understand not having the inventory to keep people paying for your service. Fcuk GameFly.
antilight @ Oct 14th 2009 8:31AM
I used to be in the same boat as everyone else. Gamefly would take forever and never send me anything new, always skip to the old crap that I had in there just in case (so that I wasn't just throwing money away). A couple years ago I sent a DS game back and they had the nerve to try to charge me $40 because it "was sent back broken." Since I had sent it back in one piece, it's obvious that the USPS broke it.
So I canceled my subscription and went to Hollywood video instead (screw Blockbuster! hope they fail...).
Jack Tretton @ Oct 14th 2009 9:38AM
"The USPS...suggested that GameFly update its disc packaging to better protect its product."
Better than the thick cardboard pocket in which a disc is sleeved? What the fuck is the USPS doing to GameFly envelopes besides stealing them?
LaughingTarget @ Oct 14th 2009 9:47AM
The real problem is the USPS is a government protected monopoly. I'm sure Gamefly would love to go with someone else. The problem with that is it's currently a Federal felony to offer mass mailing service under mail fraud laws. That's right, the FedEx CEO could get thrown in jail for offering a daily mass mail service. The USPS has no incentive to offer a better deal, they're the only game in town and know it.
Free market America my well chisseled hind end.
Dr. Stabbingworth @ Oct 14th 2009 1:23PM
Bingo. Every time I hear about how the free market has failed, I shake my head at the thought that the free market does not exist. Telecomms, USPS, GM, etc.
Michael @ Oct 14th 2009 10:04AM
I used to be all pissy about GameFly, 's service, too, but I've found out that where you have a game on your queue as well as HOW LONG you've had it there are taken into account when they ship you games. So don't be surprised when you try to game their system and not get what you want.
Even if you're using your queue as they intend and are unsatisfied with the service, let them know. It's hard for them to make the service better if they don't get any feedback, and maybe they can give you some incentive to keep your account.
nriveraexpress @ Oct 14th 2009 10:27AM
gamefly would be so much better if they did not let ppl keep the games right at release thats why it seems there are never enough copys
RonaldoMoon @ Oct 14th 2009 10:30AM
I've been using Gamefly for about a year and it's been pretty slow for the most part. I sent a them an e-mail about this and they blamed it on the USPS, and at the time I didn't really believe it. They said that they try to get the USPS to scan the games that you send back as soon as they arrive at the post office, that way GF can go ahead and send your next game..and that sometimes the USPS just doesn't do it, or they don't have the equipment. Then one day I sent in a game and, lo and behold, it showed it my queue that it had been scanned at the post office and the next game was on the way. The USPS has not scanned a single one of my games since then and it's taking me just as long to get a game as it did before. So yeah...now I believe Gamefly.
Like Michael said, don't just assume that Gamefly sucks and cancel your subscription, complain first. I realize now that it's the fault of the postal service and not GF, and while it still takes a while to get my games...I still support GF because I know that if myself and other people don't do so...then they will never be able to improve the service. I'm honestly not surprised that they are suing the USPS because they are making GF look bad and causing them to lose a lot of business. I'm glad that some of my subscription money will help fund that lawsuit in the hope that it will allow the service to work as it should.
I do think there is one very valid point for criticizing GF, though. They need to stop wasting money creating websites for Flash games and put that money back into the service for improvements.
Garrett @ Oct 14th 2009 11:24AM
Agreed. I have not seen a 'fastship' status in a year.
Candlejack @ Oct 14th 2009 10:37AM
"not all are equal"
Sounds like some bullshit to me. Gamefly should just make a deal with UPS or Fedex.
LaughingTarget @ Oct 14th 2009 12:39PM
That's not legal.
Fever Dogg @ Oct 14th 2009 11:02AM
GameFly is not the most timely. The big issue is they simply do not have enough shipping/receiving centers. Plus GameFly is waaaayyy to expensive.
Ignatius @ Oct 14th 2009 12:52PM
Because buying $60 games, beating them in a week and reselling them for less than half their original value or keeping them is cheap.
I've used GameFly for more than two years now and it has always been a great service, sometimes, I do have to wait, but people need to realize that their service is incredibly limited with only 4 shipping centers. Netflix has a shipping center or even shipping centerS in every state, which makes shipping incredibly easy and fast.
Games cost more to stock than movies and I don't doubt that Netflix has some deals to reduce that cost even further.
It does indeed take awhile for some games that are Low and Very Low to ship, but most people don't have the patience for it, you can't just hop in and grab a popular game right off the bat, there are other people out there that have a higher priority than you. This is because they've had it in their queue longer and had a slot open when the game was released.
First come, first serve, you can't expect front line treatment just because you pay like everyone else, you start in the back of the line and move up from there, learn some patience and rent some games that say Available now or have Medium to Very High availability. I've had Very Low games ship for me before, it's not impossible, it just takes awhile.
Tommyranger @ Oct 14th 2009 2:34PM
I hope this is not a conspiray with USPS. Once I shipped a game, and they scanned it and gamefly acknowledged the same day. Ever since, I put it in the mailbox and took 4-5 business days for gamefly to acknowledge it..with a Fast Return? Something's broken or someone not doing their job? I emailed Gamefly but they gave their canned answer about USPS. I mean, 4 or 5 days later, it should be acknowledged as a Fast return, heck it should have arrived by then. Granted I live in a rural area in Oregon but cmon....
For those not patient, gamefly might not be for you. You could catch up with old games that you missed. Or you can do what a few have already said, manage your queue. If you want a new game, queue up titles that are coming up well in advance and make sure your queue is free a couple of days before release. I got uncharted 2 when it came out and brutal legend the following day. I'm on a 2 games out plan.
P.S. I have God of War 3 on my top queue ever since I joined Gamefly 5 months ago lol. I will make sure my queue is clear when the time comes, if i dont get it...I will be pissed and might even drop Gamefly if that happens..ok maybe not but I hope you hear me Gamefly.
MattDoza @ Oct 14th 2009 10:48AM
Its interesting reading individual experiences with Gamefly.
I got, Fight Night Round 4, The Bigs 2, Red Faction: Guerrilla, Punch Out!, NCAA Football 10, Madden 10, Batman: Arkham Asylum, The Beatles Rock Band, NHL 10, Halo 3 ODST, NBA Live 10, and Brutal Legend all shipped either on the release day, or the day before its release and received them 3 days after the ship day(including the day it was shipped). So if a game is shipped on a Tuesday, I'm playing that game come Thursday.
My veteran(3 year customer) gamefly advice for your gameQ is:
-Add any game in the "coming soon" section to your Q. If you think you may want to rent/play that game, add it. And go as far ahead as you can in that coming soon category.
-If there is a game that is coming out, and you want that game, make sure to remove any games on your Q that are currently available(even if their status is low or very low). Having games in your Q seems to conflict with this in my experiences. Especially if the already released game is at the top of your Q.
-Try to always keep at least 1 or 2(depending on your plan) of your games at home. Try not to send back both(or all 3 if you have a 3 game plan) games and be stuck with none. After all, you should get all you can out of that monthly payment. Going without a game at all is just a waste.
--And I think this also messes with your Q. For some reason when I have 2 games in, I seem to have trouble getting 2 games sent out on the same exact day. It can happen, but just know that its not always going to work as you like. Unless two of the games you are attempting to get come out on that same day. Which still may not be a guarantee.
Wow...I typed a lot. If you had gamefly and thought it stunk, maybe read over some of the things myself and other commenter's wrote. I think you need to learn the system to take full advantage of it. And give it another go. Gamefly saves me a ton of money lol.
Garrett @ Oct 14th 2009 11:15AM
It is BS that USPS suggests Gamefly change their packaging.
As a subscriber to both Netflix and Gamefly, GF clearly has much sturdier shipping packages.
In terms of shipping speeds, you need to understand movies and games are different. You won't generally hang onto a movie for a month or two but with games you do. GF can only ship when other folks return and increasing stock levels will also increase cost.
Fever Dogg @ Oct 14th 2009 11:04AM
a
WRYYYYYY @ Oct 14th 2009 12:49PM
Since signing up, I've been using GF to catch up on older games that I missed out on. Not too worried about new releases. I'll get to them when I get to them.
ScottG13 @ Oct 14th 2009 12:58PM
I've been a member for several years now. I get ALOT of games via Gamefly. Keep it now is awesome and saves me alot of money on purchases.
Uncharted 2 shipped Monday. I'm expecting it in my mailbox tonight. Its a great service. I'm disappointed that so many people seem to have bad experiences. As they've opened up more shipping locations, its improved the service as well.