Variable pricing leads to iTunes gift card lawsuit
updated 12:40 pm EDT, Fri June 26, 2009
iTunes gift card lawsuit
Apple has been deceptive with regards to iTunes gift cards, knowingly or not, a new lawsuit alleges. Filed in an Illinois district court by Barbara and Daniel Owens, the suit charges that even as Apple transitioned to variable iTunes song pricing on April 7th, the company continued to sell cards describing every song as costing only 99 cents. Such advertising is potentially misleading, the Owens say, suggesting that people can get more songs per card than may realistically be possible.
The plaintiffs add that they bought at least one mislabeled $15 card as late as mid-May. The pair is seeking class action status, and asking for refunds equivalent to the difference between the new maximum song price ($1.29) and the previous standard. "Additional relief" is also being sought, where possible.
Apple itself has been combating fake gift cards, sold on eBay. The cards are typically priced below their stated worth, but acquired with stolen credit, ultimately making them worthless. Victims of the fraud have had iTunes accounts disabled, wiping out any music not backed up to CD or DVD.












Victims
06/26, 12:57pm (1 reply) reply
"Victims of the fraud"?
Buyer beware. Just because Apple refuses to honor the stolen iTunes card you bought below market value does not mean you are a victim. It is no different than if you bought a stolen stereo.
ff11
Fresh-Faced Recruit
Joined: Apr 2004
The problem here
06/26, 01:08pm (1 reply) reply
is that the card in question were purchased ONE MONTH after the price change. These cards were printed and distributed months in advance, and the copy on them at the time was correct. Should Apple have contacted all the retailers that carry Apple gift cards and tell them they need to return all the card so they could be destroyed and re-printed? Somehow, I doubt that Walmart or Target would have said "By George, you're right! Quickly now, let's get a gang of poorly paid laborers to comb the aisles of every retail storefront we own and have them remove these cards, so that we might return them to Apple!"
Zaren
Fresh-Faced Recruit
Joined: Aug 2001
Re: the problem here
06/26, 01:22pm (1 reply) reply
When they were printed is of no concern, nor is the fact that the information on them was once correct. They were incorrect at the time of purchase, which is the point.
Now, if Apple had issued a pull order for the cards from their retailers, and the retailers didn't do it, then it would be Wal-Mart's fault, say, not Apple.
Then again, we're talking about people who are suing "for refunds equivalent to the difference between the new maximum song price ($1.29) and the previous standard."
So, basically, they want $4.50 that they were 'cheated' out of. I would think they've already wasted that much just talking to the lawyer.
"Additional relief" is also being sought, where possible.
Oh, so they want more money? Because they really, really, really, really believed they were going to get 15 songs off the card, and then felt so cheated when they only got 10 songs out of it...
testudo
Fresh-Faced Recruit
Joined: Aug 2001
pricing
06/26, 01:23pm reply
Oh, and there are other songs that are less than 99 cents. I wonder how emotionally distressed they were to find out that they'd have to find more than 15 songs to purchase to use their amount...
testudo
Fresh-Faced Recruit
Joined: Aug 2001
Less than a postage stamp
06/26, 03:23pm reply
3 words:
SUCK
IT
UP!!!
JEB
Junior Member
Joined: May 2001
wow
06/26, 03:58pm reply
This is what the cards say
iTunes Gift Card
Give music, video and more.
Download $15.00 worth of entertainment to enjoy on your Mac or Windows PC. And, of course your iPod.
Songs are 99C and videos start at $1.99
This card has no value until activated at the register.
Ok so lets be clear, it states download $15.00 worth of Entertainment, not 15 f****** songs. These people are idiots looking for cash. I hope they lose lots of money in this attempt.
Athens
Addicted to MacNN
Joined: Jan 2003
There needs to be...
06/26, 04:28pm reply
a "common sense clerk" at each civil court building in the US that has the power to deny plaintiffs outright so that this kind of stupidity doesn't even come before the court. The plaintiffs/attorneys that are denied should be fined heavily and barred from any further suits for a period of time. Of course they could appeal to a higher court who, if this level upheld the common sense clerk's ruling there should be stiffer fines and suspensions. That would stop this foolishness.
Really...these idiotic nonsensical cases contribute to the ever increasing cost of the goods you and I buy every day.
If you bought a $20 Visa gift card today expecting to buy 8 gallons of gas at $2.50 per and were only able to buy 4 gallons (because some exec in the petroleum industry needed to fund his daughters $2mil wedding and called up his buddies on the other boards to jack the price up to $5/gal) should you actually be able to sue Visa/the retailer that sold you the card/the oil company??? Stop the madness!!!
TomSawyer
Fresh-Faced Recruit
Joined: Jan 2008
I'm going to sue too!
06/26, 05:29pm reply
Alabama gets 9% tax on each song. Damn Apple, how can you let Alabama get that extra credit off my gift card. I'm losing songs big time!!
jdonahoe
Fresh-Faced Recruit
Joined: Jul 2006
Just
06/26, 09:17pm reply
Just opportunists trying to shag a buck on a legal non-issue. People can be pretty despicable.
And songs are 99¢. They now just happen to be 79¢ and $1.29 as well.
dimmer
Mac Enthusiast
Joined: Feb 2006
re: There needs to be
06/28, 11:41am reply
If you bought a $20 Visa gift card today expecting to buy 8 gallons of gas at $2.50 per and were only able to buy 4 gallons... should you actually be able to sue Visa/the retailer that sold you the card/the oil company??? Stop the madness!!!
If the $20 Visa gift card said "Pay $20. Gas is $2.50. Go start buying some $2.50 gas", then you bet your a** you'd be suing. That's why gift card makers aren't stupid enough to put the prices of their goods on them (oh, except Apple).
LouZer
Fresh-Faced Recruit
Joined: Nov 2000