From the Frontlines: Latest Lawsuit Against Apple Seeks $5 Million Over $2.58 iTunes Error
Yeah. We’re an Android blog. There’s no question about that; but, when we see humorous news about our arch nemesis, we’re all over it like white on rice. It appears humorous might just be an understatement when it comes to the latest lawsuit against Apple, ‘cuz this is flat out funny.
According to AfterDawn, a California resident by the name of Robert Herskowitz has sued Apple this week for punitive damages to the tune of $5 million dollars over a song on iTunes that Mr. Herskowitz was double billed for and was unable to get a refund issued.
The song in question, ”Whataya Want from Me” by Adam Lambert, was purchased last month by Robert, but apparently a glitch in the system caused his account to be charged two times for the same song instead of only once. After contacting
the enemy Apple about the issue, this is the response he got:
“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.”
So, what did Robert do? The same thing any red-blooded American would do, of course. He’s taking Apple to court, seeking $5 million for what Herskowitz claims was a breach of contract, breach of faith, unjust enrichment, unfair competition and business law violations. He also claims that Apple charges multiple times with “troubling regularity” and that it occurs in the App Store, the iBookstore and Mac App Store.
I’ve personally never purchased anything from iTunes, so I can’t speak from experience, but it sounds like it’s a good thing I never have. What about you? Ever experienced this double billing issue? Was it resolved? As for this lawsuit, it may be just a bit far-fetched in my opinion. $5 milli is a lot of cheddar to be seeking over such a small amount. Not that I hope he loses, I just doubt he will win that much. What about you?