Wednesday, May 2, 2012
A federal class action lawsuit claims that Apple double-bills customers who buy products at its e-stores and routinely refuses to issue refunds to consumers who discover the double-billing.
In the suit, Robert Herskowitz claims he bought a single song from the iTunes store for $1.29, for which Apple charged him twice.
When he brought the error to Apple's attention, he says, the company responded: "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," according to Courthouse News Service.
Herskowitz says the agreement "says no such thing" and charges the policy has "resulted in substantial numbers of Apple customers throughout the country having been double billed by Apple."
The complaint adds: "Under the agreement, as with any consumer transaction, Apple may bill customers only once for each product or service that is purchased. With troubling regularity, however, Apple has 'double billed' customers for purchases made through the Apple Stores. In those cases, when a customer purchases a song, movie or book, Apple bills that customer twice for the same download. Apple, however, has effectuated a policy and practice of refusing to refund the extra charge to customers whom it has overbilled."
Herskowitz claims that in addition to the iTunes store, Apple follows the same illegal policy at its App store, iBookstore and the Mac App store. He seeks damages of more than $5 million for a national class.
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