While some discs can expected to be broken in transit, and some stolen (19 Postal Service employees have been arrested to date for stealing games), Gamefly goes on to accuse the USPS of providing a better service to other rent-by-mail services, including Netflix and Blockbuster. "On routine visits to multiple Postal Service facilities, GameFly's employees have observed that a large percentage of mail pieces from Netflix and Blockbuster are culled from the automated letter processing stream," the complaint states.
It continues: "GameFly has asked the Postal Service to give GameFly's DVD mailers processing on terms and conditions comparable to the terms and conditions offered to two larger DVD mailers, Blockbuster and Netflix. The Postal Service has not done so." Gamefly claims all attempts to solve the problems have failed, including using a protective insert in the standard-sized mailer, doubling the shipping cost.
Considering that Blockbuster is beginning to offer videogames in its own service, Gamefly says its preferential treatment from the postal service is damaging to fair competition. "As a result of this initiative, GameFly now faces direct competition from a rival that is larger and longer established and which, because of the preferential treatment given by the Postal Service, enjoys a substantial cost advantage in the distribution of its DVDs to consumers."