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Apple “No Refund” Policy Class Action Lawsuit
By Matt O’Donnell
An irate customer has filed a class action lawsuit against Apple claiming it double-bills for purchases made from iTunes, the App Store and the iBookstore, and then refuses to refund the overcharges by instituting an illegal “no refund” policy.
Lead Plaintiff Robert Herskowitz claims he was charged twice for purchasing a single song from iTunes, but when he brought the overcharge to Apple’s attention, he was told in an email that Apple would not refund the overcharge based on its purported no-refund policy. The email said:
According to the class action lawsuit, however, the Agreement governing the “use of” the Apple Stores says no such thing.
“Under the Agreement, as with any consumer transaction, Apple may bill customers only once for each product or service that is purchased. With troubling regularity, however, Apple has ‘double billed’ customers for purchases made through the Apple Stores. In those cases, when a customer purchases a song, movie or book, Apple bills that customer twice for the same download. Apple, however, has effectuated a policy and practice of refusing to refund the extra charge to customers whom it has overbilled,” the class action lawsuit states.
Herskowitz alleges this illegal “no-refund” policy has resulted in substantial numbers of Apple customers across the country having been double-billed by Apple, in violation of the Agreement, California’s statutory law, and common law.
He is seeking to represent a nationwide class of all individuals or entities who purchased products and services from the App Store, the iTunes Store, and the iBookstore, and who were billed more than once and paid Apple for the same product or services.
If certified, the class action lawsuit will seek refunds for the class, as well as damages, interest and a Court order enjoining Apple from implementing its “no refund” policy concerning double billing and overcharges.
A copy of the Apple “No Refund” Policy Class Action Lawsuit can be read here.
The case is Robert Herskowitz v. Apple, Inc., Case No. 12-cv-2131, U.S. District Court, Northern District of California.
Updated May 2nd, 2012
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4 thoughts onApple “No Refund” Policy Class Action Lawsuit
My son purchased charges on a game and I’m talking $100+ I didn’t know that you could screen lock a phone until recently. But they will not refund me my money. I had only made 2 charges on the game which was like a total of $20. He is 4 and doesn’t know what he’s doing. I keep putting out a dispute but I don’t know where it is going as far as the dispute but I keep being told I’m not eligible for a refund. Even though it has the option that if a child makes a purchase without asking you are eligible to make a claim for a refund. I don’t know what I should do. I will try to make a dispute through my bank and see where it goes.
I haven’t been double charged for the same thing. However, I have installed apps that came with subscriptions. Even after cancelling the subscriptions I was still charged for the app and denied multiple times for the refund. When I asked their reasoning behind the denial. They simply stated it was against their policy. I have never in my life been denied a refund from anyone. Apple could care less about customer satisfaction. Unfortunately there’s actually a lot of companies out there who’ve forgotten that without customers, they’d have no job. It’s sad. I’ve worked in customer service for probably 35 years. We weren’t allowed to let a customer leave if they were not happy and that’s not at all how it is today.
How can I join this lawsuit I can prove Apple has been double charging me for over two years now! It’s hundreds of dollars and they have refused to refund it every single time! I have disputed the double charge every single time and they have refused to refund my money! Even though I can prove it’s a double charge!
This lawsuit is just the tip f the ice burg, apple also rips people off on software down loads. I recently purchased and then tried to download OSX 10.8 only to be confronted with the following message. your order is being modified please try again latter after a week of trying to download my purchase I gave up and called apple for a refund. They promptly said sorry no refunds on software purchases, I told them that I never received the product, they said well that is to bad, so I tried tech support and they said that my machine should be but is not compatible with the product, I said OK I should now be able to get a refund. Once again I got the same story no refunds. Then one of there representative said we will credit you with another apple product, but I could not find anything on their site that I was even slightly interested in. I I just picked some piece of junk headphones only to be told the transaction was not going to work. So I gave up on that and started looking on line and found literally hundreds of people who were cheated out of their money in the same way. I believe it is time for the government to kick apples door in for stealing money from the public. People go to jail everyday for far smaller crimes.