Man gets charged twice for iTunes song, sues Apple for $5M

email article email article print article print article tip @techmeme

In what some might say is a slight overreaction, a man in the US is taking Apple to court for US$5-million after it charged him twice for a song on iTunes.

The class action suit alleges that Apple “double bills” for purchases made on iTunes with “troubling regularity”.

Robert Herskowitz filed the suit after buying an Adam Lambert Song from iTunes for US$1.29 before being charged again. After he lodged a complaint, Apple reportedly sent Herskowitz the following response:

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.

The man claims that the terms of agreement for iTunes don’t say anything about this policy and that it has “resulted in substantial numbers of Apple customers throughout the country having been double-billed by Apple.”

Herskowitz’s suit alleges breach of contract, breach of faith, unjust enrichment, unfair competition and business law violations. He also alleges that the company’s “illegal” policies also affect sales on the App Store, the iBookstore and the Mac App Store.

While the suit may seem like an overreaction, it would probably be a little hypocritical for Apple to say so. Late last week, a US judge said he’d had enough of the Cupertino-based tech-giant’s “frivolous filings”.

In 2011 Apple spent US$100-million in legal fees fighting the likes of Samsung, HTC, and Motorola in court.

Man, this sort of feels like one of those cases you want no one to win.

email article email article print article print article

  • Anonymous

    Someone had to sue them, this happens all the time, and you have no recourse. 

    Ideal outcome would be for the man to get his $1.29 back and apple pay his legal fees and the court to make Apple deal with double-charges properly – including old double-charges.

  • http://www.facebook.com/people/Roger-Kramjet/100003524695403 Roger Kramjet

    Don’t screw with Glamberts BABY! Love Adam Lambert!

  • J_jilly

    Whataya Want From Me is worth the double billing!!

  • Natasja

    Adam is worth paying twice for, so what is his problem? lol

Related Articles on the Web

Related articles

Topics for this article

[ advertising enquiries ]

Share
  • BURN MEDIA TV

    WATCH THE LATEST EPISODE NOW
    Latest Episode
    Sony Xperia Z2 Review

MORE HEADLINES

news

VIEW MORE

interviews

VIEW MORE

future trends

VIEW MORE

entrepreneurship

VIEW MORE

social media

VIEW MORE

facebook

VIEW MORE

twitter

VIEW MORE

google

VIEW MORE

advertising & marketing

VIEW MORE

online media

VIEW MORE

design

VIEW MORE

mobile

VIEW MORE

More in News

Twitter updates Discover tab, makes trending topics more relevant

Read More »