Apple hit with class action suit over iTunes billing | iLounge News


Apple hit with class action suit over iTunes billing

Apple has been sued by a New York-based iTunes customer who claims he was double-billed for a song. Justia reports that Robert Herskowitz was charged twice for the song “Whataya Want from Me”, and Apple refused to refund him for the extra charge. “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,” Apple’s response read, according to the lawsuit. “This policy matches Apple’s refund policies and provides protection for copyrighted materials.” Herskowitz is seeking class action status for the suit.

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He is not asking for a refund, he is asking for a double billing to be removed.
Unless Apple can show that he purchased the song on 2 separate occasions he is completely in the right, and even if he did accidentally buy the song twice separately in good faith they should refund him.

Posted by Scottrey on May 4, 2012 at 12:51 PM (CDT)


I agree, Apple should refund him completely. At the same time think he may have bought the same song on two different devices. If your at home o itunes and look at what you have bought there isnt even a option to buy the same item twice. So for that to happen he would hav had to be on another account or its a mistake made by the billing section in apple corp.

Posted by Kevon on May 4, 2012 at 2:22 PM (CDT)


A song is a little over a dollar… Get over it buddy.  Yes they should have refunded his money but really you are going to take this to court and get nothing out of it.

Posted by Ryan Beck on May 4, 2012 at 2:33 PM (CDT)


Yes it seems that going to court for at best $1.29 is excessive, but what other avenue is left other than calling your credit card company.  Providing his story is accurate.  I have read more about this story on Mac Life and others have commented on how easily apple has refunded much larger accidental purchases.
I think Kevon might be right, 2 devices.

Posted by Scottrey on May 5, 2012 at 8:24 AM (CDT)


There is an issue is if he was charged for the EXACT SAME VERSION of the song. It doesn’t matter if he has one or two devices. Apple says you can re-download iTunes songs with iCloud. Its a feature of iTunes in the cloud. If he was charged for downloading the exact same version of a song he had already purchased to another device linked to his iTunes account….then Apple has a bug in the iTunes store that needs to be fixed.

Posted by Rand on May 5, 2012 at 12:56 PM (CDT)


Whoops…..never mind….the double purchase happened on December 2010!!!!!

Posted by Rand on May 5, 2012 at 1:04 PM (CDT)


My time is worth way more than $1.29 for some stupid song.

How sad.

Posted by Dick Bacon on May 6, 2012 at 9:29 AM (CDT)

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