Apple accused of ‘unjust enrichment’ in iTunes double billing saga

Karen Haslam
7 May, 2012
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Have you ever been overbilled on iTunes? Paid twice for the same track or movie. If you have, you may be interested to learn that Apple is being sued in a class action lawsuit that claims it double-billed for purchases from the iTunes Store.

Robert Herskowitz from New York, claimed that was billed twice for the Adam Lambert song ‘Whataya Want From Me’ and when he contacted Apple for a refund he was refused.

Apple’s response read: “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.”

According to Herskowitz’s lawyers, there is nothing in Apple’s terms of sale that says refunds are impossible, details of the case are here.

Herskowitz’s suit accuses Apple of breach of contract and unjust enrichment. He is aiming to recover damages for anyone who has been overbilled on iTunes, reports

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