Apple facing class action suit over iTunes 'double billing'

Published May 4 2012, 15:27 BST  |  By Andrew Laughlin

Apple is facing a class action lawsuit in the US from a consumer who claims that he was billed twice for a song on iTunes.

Robert Herskowitz was charged $2.58 (£1.59) for American Idol runner up Adam Lambert's song 'Whataya Want From Me' in 2010, when he should have actually paid just $1.29.

After Apple refused to refund his money, the New York resident opted to lodge the class action as a way to force Apple to change its policy for unsatisfied iTunes customers.

In his suit, filed in San Francisco, Herskowitz said that he wants Apple to pay back everyone who was allegedly "double billed" for an app or content downloads.

"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," said the lawsuit.

"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."

Apple claims that it has "carefully considered" Herskowitz's case, but decided that he was ineligible for a refund.

In a statement sent to Herskowitz, the US firm said: "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."

It is unclear whether Herskowitz will be successful with his case, but the action has put the spotlight on Apple's rather inflexible approach to refunds on the App Store.

Many Apple product users have reported problems in securing refunds should they download an app or game that proves not to be what it says, and there have been previous calls for Apple to improve its processes.

Apple is also facing a separate class action against iTunes by a group of parents in the US, in this case over apps that are free but encourage children to rack up big bills by in-app purchases.

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