Lawsuit: Apple Double Bills Customers for iTunes Purchases, Citing TOS to Refuse Refunds

A class-action lawsuit against Apple (read it below) accuses the tech giant of double billing customers for downloads made from the company’s iTunes Store.

The lawsuit filed by New York resident Robert Herskowitz alleges that Apple charged him twice for purchasing a single pop song, “Whataya Want from Me?”

(Note: if you’re going to get double billed for an iTunes download, it should at least be for a decent song or movie.)

Here is what Herskowitz says he did to try and make things right, and Apple’s response.

According to the lawsuit, he immediately contacted Apple and informed them about the double-billing snafu. Apple responded with an apparently automated message advising him that the company was “reviewing your request and will send you a personal response soon.”

The next day, Herskowitz received Apple’s ‘personal response.’ The company refused to make things right by fixing the double billing error, citing its Terms of Service (‘TOS’):

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.

Photo credit: D. Silliman

You can follow the case docket here, and read the complaint against Apple seeking class-action status below:

Complaint (Herskowitz v. Apple, Inc.)

33 Responses to Lawsuit: Apple Double Bills Customers for iTunes Purchases, Citing TOS to Refuse Refunds

  1.  Is [App 1 e] a new trademark of the Apple Corporation? Typed by someone with an extensive typewriter background?

  2. avatar farnsworth_pro says:

    Hopefully apple gets smacked the hell down for this BS. TOS is not an excuse to charge people for purchases they didn’t make…that’s fraud

  3. avatar Mark Klass says:

    Apple is getting worse nowadays.

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  6. I wonder if he bothered calling the support number before trying to sue. All he can get is reimbursed the $.99 right?

    •  I’ve had a few issues with files erroring out after purchase and me not getting my file.  It’s very annoying.  BUT, I didn’t sue because I’m not an attention seeking Apple hater.  I called the hotline and got help like a sane person would do.  I dealt with really nice folks both times, and quickly had the situation rectified.

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  17. Did this guy actively press “Purchase” twice on his own?  Or did he get double charged twice on ONE purchase?  Did he click it twice quickly when it delayed in the download or did he forget he had the song already?  Also, he could easily take this up with his credit card company and likely get his refund. 

    Once again, internet “reporting” is wildly incomplete and written to get hits from Apple haters.  SMH.

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  27. avatar bettye198 says:

    Once I saw on my bill over $600 for one song and called them on it. They said it was immediately corrected.

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