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kn said:
It's not illegal to sell above MSRP. It is illegal, however, to temporarily jack up a price and then offer a "sale". If the retailer previously sold the games at those prices for some reasonable amount of time (I believe it is 50% of the time) then they are good to go. Otherwise it is a pretty straightforward deceptive trade practice in most states. Back before consumer protection laws, this was very common and there is specific wording in most consumer protection statutes to protect against such behavior...

I hope someone brings a claim with the BBB or something...

 Sadly, Kohl's does it all the time.  That's why I don't shop there.