iTunes User Files Class Action Lawsuit Against Apple After Paying Twice For One Song

iTunes User Files Class Action Lawsuit Against Apple After Paying Twice For One Song

One iTunes user is pushing for a better refund process after paying $2.60 for one song.

An iTunes customer who was billed twice for the same song has filed a class action lawsuit against Apple after the Cupertino company refused to refund his money. Robert Herskowitz $2.58 for Adam Lambert’s pain-inducing pop song “Whataya Want From Me,” but he should have paid just $1.29.

He’s now taking Apple to court in an effort to make refunds easier for iTunes customers.

It’s notoriously difficult to get a refund out of Apple for anything you’ve purchased from iTunes, the App Store, or the Mac App Store. In fact, it’s sometimes easier to just go straight to a developer when your issue concerns software. Apple has needed a much simpler process for some time, but we’re yet to see one.

After paying nearly $3 for an embarrassing pop song, Herskowitz felt it was time to step up and force Apple into making a change. He’s filed a class action lawsuit against the company, which reads:

This is a nationwide putative class action for damages and injunctive relief relating to Apple’s unlawful policy and practice of refusing to refund Apple’s customers who have been ever charged for purchases of products and Iservices from -Apple’s “e-Stores” in violation of the customer agreements governing those transactions, the California Unfair Competition Law (“UCL”), Cal. Bus. & Prof Code 17200, et seq., and common law … Under the Agreement, as with any consumer transaction, customers are to be billed only once for the products and services they purchase. Apple, however, 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 single purchase.

In Herskowitz’s case, it actually seems like he may have accidentally hit the “buy” button twice for “Whataya Want From Me,” because Apple insists his refund request was “carefully considered” and that he was ineligible for the claim:

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 Apple’s refund policies and provides protection for copyrighted materials.

Whatever the case may be, I think we can all agree that Apple needs to introduce a better refunds process for its digital stores. We’ve all purchased iOS apps and games that aren’t what they claimed to be, and we’d all like to get our money back. But as things stand, it’s just too darn complicated.

Whether or not a judge understands that remains to be seen. Let’s just hope they’re an App Store user.

  • Zoetrope

    This means he disabled the popup Apple has in place in iTunes to safeguard against accidental purchases.  We really do not need additional legislation in place against stupidity.

  • Sigil

    Apple has done this to me several times now. 

  • lwdesign1

    I was billed twice about a month apart for a Sara Barielles album that was pre-ordered. As soon as I noticed the double billing (about 6-8 months ago) I called up Apple Support and spoke to representative about the problem. It took about 2-3 weeks, but the second billing was credited back to my account without problems.

  • Flyphoenix

    Oh no not $2.58 damn he broke the bank!

  • Boris Terekidi

    When i was charged twice for a movie rental (because i rented SD and HD), i called Apple, was very polite with them and got my money back of the HD rental.

    All you have to do, is just state your problem nicely and people will be happy to assist you.
  • nthnm

    I’ve only applied/asked for a refund one time and I received it. Though it was an app and it didn’t function as the description claimed it would.

  • Maria Lucia

    Hey shut up I love that song…

  • ApplePr0n

    Well holy S***, take out another mortage now

  • technochick

    and he may find that the court sides with the terms that said ‘all sales are final’ which this guy hit agree on. if he didn’t bother to read it that’s not Apple’s fault. 

  • technochick

    This means he disabled the popup Apple has in place in iTunes to safeguard against accidental purchases.  We really do not need additional legislation in place against stupidity.

    I haven’t bought an album in a while off the computer but I know on my iPad you have to hit the price and then ‘buy’ and then depending on your settings put in your password. it’s hard to accidentally buy something with those rules. 

  • technochick

    Whatever the case may be, I think we can all agree that Apple needs to introduce a better refunds process for its digital stores”


    No we can’t ALL agree. Given the nature of the materials and the rules that users agreed to when they signed up for the account Apple doesn’t need to do anything in regards to refunds outside of their own computer errors and perhaps apps that claim to do something and users say they don’t. or users say the app is doing something illegal etc. 

    Sorry if you bought something you decided sucks but there are tons of ways, especially with music, to hear a huge chunk if not all of it first. So that’s on you. Same as you going to a store with a policy that you can’t return opened CDs or DVDs with an album or movie you said sucks, sorry but no, that’s not in the rules (which are likely on your receipt for you to see). 

    Perhaps Apple needs to pander to idiots that won’t take responsibility and put up 20 “Are you really really sure cause you can’t get a refund” pop ups that you can’t ignore before you can buy anything. And of course no more “don’t ever show this again” allowances for the non morons. Make us all suffer. 

    Perhaps they should also require all iPhone and iPad users to attend classes on how to turn on parental controls etc before they can even buy the damn thing so they can’t say they didn’t know they can keep Junior from being IAPs. Cause the terms are that those sales are final also and Apple’s not to blame if you are using your iPad as a babysitter. 

About the author

Killian BellKillian Bell is a staff writer based in the U.K. He has an interest in all things tech and also covers Android over at CultofAndroid.com. You can follow him on Twitter via @killianbell.

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