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New lawsuit accuses Apple of double-billing on iTunes

updated 05:00 pm EDT, Thu May 3, 2012

Company insists no refunds are possible

A New York resident, Robert Herskowitz, has filed a class action lawsuit against Apple, accusing the company of double-billing for purchases on the iTunes Store. Herskowitz recently bought the Adam Lambert song "Whataya Want From Me." Submitted court documents claim that after discovering double-billing for the track, Herskowitz immediately contacted Apple, only to receive an automated message telling him saying "[Apple is] reviewing your request and will send you a personal response soon."

The response came the next day, but denied a refund. "Your request for a refund for 'Whataya Want from Me' was carefully considered; however, according to the iTunes Store Terms of Sale, all purchases made on the iTunes Store are ineligible for refund. This policy matches Apple's refund policies and provides protection for copyrighted materials," it read. Herskowitz's lawyers insist, though, that there is no ToS language saying refunds are impossible.

If successful, the class action would apply across the US; Herskowitz is asking the court to recover damages for anyone who has been overbilled on iTunes, and impose extra penalties on Apple. The company is specifically accused of several offenses, such as breach of contract and unjust enrichment.




by MacNN Staff

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Comments

  1. bjojade

    Joined: Dec 1969

    +5

    How did it happen?

    If he in fact clicked on the 'purchase' button and downloaded the track twice, then he can be billed twice. If there was a software problem that caused him to be billed twice, he certainly should have gotten a refund. I'm guessing that he bought it twice by mistake and now wants a refund for his error.

  1. facebook_Larene

    Via Facebook

    Joined: May 2012

    +9

    Not an error

    Someone who made a mistake and wants a refund for a buck, or finds a billing error, does not file a class action suit. This is a deliberate attempt at extorting money from a company that, for some people, has too much of it.

  1. Bobfozz

    Joined: Dec 1969

    +9

    This guy has no life

    Probably his mistake but he sounds like someone who doesn't make them!
    And... a class action lawsuit already/ Ambulance chasers can be heard in the background. I would like to see the court system crush these losers.

  1. facebook_Alexander

    Via Facebook

    Joined: May 2012

    +4

    comment title

    It;s a $1.29 and he called a lawyer? What a buffoon. is the song listed twice on the receipt or did he get two receipts?

  1. bobolicious

    Joined: Dec 1969

    +14

    I received a refund

    for a purchase in error - very happy with apple itunes store to date...

  1. lamewing

    Joined: Dec 1969

    +5

    Disagree

    I disagree. He followed the channels and was denied. He cannot sue by himself for one dollar, so it make perfect sense to find others who were taken advantage of and sue as a group. I myself was charged three times for the same song. I finally had to contact my credit card company and file a charge back as Apple refused to help.

  1. apostle

    Joined: Dec 1969

    +5

    Additional downloads are free

    If I try to purchase a song a second time I get a dialog telling me that I've already bought it, but can have another copy for free. Even if I've deleted the file from my device. I can purchase it on one device and then keep downloading for free on any of my authorized devices. I have an iPad running iOS 5, a G5 running Tiger and a Dell running XP.

    =0/

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