Man Sues Apple, Seeking $5 Million For Alleged ‘Double-Billing’ In iTunes

Posted on May 2 2012 - 11:30am by Editorial Staff

Apple violates its own terms of agreement as well as California State and common laws, according to the complaint as a man named Robert Herskowitz has filed a federal class action suit against Apple. The complaint alleging that the company ‘double-bills’ for purchases made on iTunes with “troubling regularity” and that the company’s “illegal” policies also apply to other digital stores like the App Store, the iBookstore and the Mac App Store.

The man claims he bought a single song from the iTunes Store for $1.29, for which Apple charged him twice. He claims that he received the following response from Apple after he lodged a complaint: “Your request for ‘Whatya 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.”

Herskowitz now seeks an injunction and punitive damages of more than $5 million for a national class, alleging breach of contract, breach of faith, unjust enrichment, unfair competition and business law violations. He claims the policy has “resulted in substantial numbers of Apple customers throughout the country having been double-billed by Apple.” Even going through Apple’s refund policy states that Apple does not provide refunds in the event of a price reduction or promotional offering means charging twice for a digital song, book or movie does not fall under the policy.

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