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.)