• Class Action Lawsuit Filed Against Apple Over iTunes 'Double-Billing' Customers



    Whoever said it’s lonely on top never saw the inside of courtroom.

    Apple is on the other end of another class-action lawsuit accusing Cupertino’s finest of double billing customers for purchases made via iTunes.

    New York resident Robert Herskowitz filed the suit alleging Apple charged him twice for purchasing the pop song single “Whataya Want from Me?” by Adam Lambart. Hopefully the judge presiding over the case has decent taste in music and throws the case out.

    Jokes aside, the lawsuit claims Lambart immediately contacted Apple after discovering the song had been double-billed. Lambart received the usual automated response informing him his request was being reviewed and that Apple would send a “personal response soon.”

    Below is the alleged “personal” response.

    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 App1e’s refund policies and provides protection for copyrighted materials. — Apple
    The lawsuit claims:

    “Apple has ‘double billed’ customers for purchases made through the Apple Stores. Even more troubling, Apple has implemented a policy and practice of refusing to refund the extra charge to customers who have been over-billed, causing their credit cards or PayPal accounts to be billed twice for a purchase...

    This is what happened to Plaintiff Robert Herskowitz. On or about December 2, 2010, Mr. Herskowitz purchased twenty-two songs from the iTunes Store. However, Apple double-billed Plaintiff for one of his selections, a ‘pop’ song entitled, ‘Whataya Want from Me.” In other words, Apple billed Mr. Herskowitz a total of $2.58 for a song that cost $1.29 to download.”
    What is unclear is if Herskowitz accidentally purchased the song twice on his own volition, only later noticing the error or not. Still, Apple’s lack of an explicit return policy leaves holes open for class action lawsuits like this to gain traction. The lawsuit is looking for no less than $5 million in restitution for those involved.

    Source: Justia.com
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