Andre Yoskowitz
5 May 2012 22:51
California resident Robert Herskowitz has sued Apple this week for punitive damages.
Apparently, the company double billed him for purchasing a song on iTunes and would not offer a refund.
Last month, Herskowitz purchased the track "Whataya Want from Me" by Adam Lambert and was charged $1.29 twice for the song in an apparent glitch. After reaching out to Apple via email, he received this response:
"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."
The angered consumer has now filed a lawsuit against Apple seeking an injunction and punitive damages of $5 million. Herskowitz claims there 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.