Class Action Lawsuit Against Apple Over iTunes ‘Double-Billing’ Customers

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Apple is facing a new class-action lawsuit. The lawsuit, filed last week, accused Apple of double billing customers for purchases made via iTunes.

New York resident Robert Herskowitz filed the suit. He alleged that Apple charged him twice for purchasing the pop song single “Whataya Want from Me?” by Adam Lambart.

The lawsuit claimed that 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.”

The alleged “personal” response is as follows:

Originally Posted by :
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:

Originally Posted by :
“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.

Have you ever been double billed by Apple? Narrate your experience in the comments section.

Source: Modmyi

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