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.