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Wednesday, May 2, 2012

San Jose Man Says Apple Is Double-Billing iTunes Customers

Posted By on Wed, May 2, 2012 at 9:45 AM

click to enlarge Apple finds new ways every day to hurt you
  • Apple finds new ways every day to hurt you

Apparently, Apple isn't just dodging taxes, it's also double-dipping from its customers. At least that's what one San Jose man claims after he says he was charged twice for one song he bought on iTunes.

Robert Herskowitz filed a class-action lawsuit this week, claiming Apple's e-store refused to reverse the double-charges made after he bought a single download. The tech behemoth, he said, selfishly billed him $1.29 twice for a song he bought once on iTunes. When he pointed out the two charges, here's how the company responded:

"Your request 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."

Herskowitz says the company's "return policy" has "resulted in substantial numbers of Apple customers throughout the country having been double billed by Apple."

Now might be a good time to go check your bank charges.

He pointed out that when customers buy media from iTunes as well as its App Store, iBookstore, and the Mac App Store, they are forced to agree to a policy of no refunds limited to "the event of a price reduction or promotional offering." As a result, Herskowitz says, Apple is violating its own terms of agreements, and California state and common law, by regularly overbilling customers.

In case Apple is wondering "Whataya Want from Me," Herskowitz is seeking $5 million in damages.

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Erika Maldonado


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