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  • 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
    This article was originally published in forum thread: Class Action Lawsuit Filed Against Apple Over iTunes 'Double-Billing' started by Phillip Swanson View original post
    Comments 24 Comments
    1. spooneditr's Avatar
      spooneditr -
      Quote Originally Posted by djdraco View Post
      I would have double charged for that song too, even would have sent a messenger to beat him over the head. Who the heck listens to that? And why is apple spelled App1e? Since when did Cupertino start using leet?
      I wonder who else caught that too! Lol
    1. aidanharris's Avatar
      aidanharris -
      Quote Originally Posted by Taz1981 View Post
      Ummmm............ Typo

      "New York resident Robert Herskowitz filed the suit alleging Apple...."

      "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.”
      Well that's why apple refused to refund him the stupid singer decided to purchase his own song twice even though hey sung it and could have got it for free. Stupid singer...
    1. szr's Avatar
      szr -
      Quote Originally Posted by aidanharris View Post
      Well that's why apple refused to refund him the stupid singer decided to purchase his own song twice even though hey sung it and could have got it for free. Stupid singer...
      I just want to know why the system would charge you more than once for the same item? Keep in mind that this isn't about downloading multiple times, but rather being charged more than once before downloading even once. This is either an intentional flaw, or an accidental one that they know full well about but have conveniently left alone (seeing as this is nothing new.)
    1. alanjf's Avatar
      alanjf -
      Well I just conducted a little test. I purchased a song (just chose at random, "DT8 Project & Andrea Britton - Winter (feat. Andrea Britton) - EP", a nice remix of Winter), and after purchasing it once, I clicked on the buy button again and it did in fact prompt me to pay again (which I declined.) This indicates that Apple's system for purchasing music is in fact broken. We're not talking about about purchasing two separate items, but rather being charged more than once for the SAME one, which is just simply wrong.