Man files lawsuit against Apple and seeks $5 million for damages

Robert Herskowitz, an Apple product user has filed a federal class action suit against Apple saying that the company double-billed the purchases he made on iTunes.

Robert now seeks damages of more than $5 million for a national class, alleging breach of contract, breach of faith, unjust enrichment, unfair competition and business law violations. WOW!

His complaint says that Apple violates its own terms of agreement as well as California State and common laws. He claims that he bought a single song from the iTunes Store for $1.29, for which Apple charged him twice. He claims that he received the following response from Apple after he lodged a complaint:

“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.”

Herskowitz stresses that the agreement governing use of Apple’s digital stores says no such thing. He claims the policy has resulted in substantial numbers of Apple customers throughout the country having been double-billed by Apple.

Apple should really look into this matter if they don’t want unhappy customers.