‘Breaking Bad’ Fans Sue Apple Over Deceptive iTunes ‘Season Pass’

Lead plaintiff Noam Lazebnik alleges in a new class action lawsuit that Apple engaged in deceptive and unfair trade by charging customers twice for the final season of “Breaking Bad.” He claims that the company sold a “Season Pass” for the final season of the series but then split the season into two parts, for which customers would be charged separately.

“Breaking Bad,” produced by AMC Networks, is a critically acclaimed television show that has gained widespread popularity. AMC announced that season 5 was to be the final season of the show, and would include a total of 16 episodes. In a 2012 press release, AMC indicated that the show’s final season “consists of 16 episodes, with the first eight episodes beginning July 15th and culminating with the series’ final eight episodes next Summer 2013.” According to the class action lawsuit, AMC refers to the eight 2012 episodes and the eight 2013 episodes as “Season 5.”

Lazebnik alleges the “Breaking Bad” class action lawsuit that iTunes customers were offered a Season Pass, which would include “all current and future episodes of Breaking Bad, Season 5.” The Season Pass cost $21.99 for high definition and $13.99 for standard definition. The page describing the offer indicated that it was cheaper for customers to purchase the Season Pass than it would be to purchase each episode individually.

“Therefore, customers who purchased a ‘Breaking Bad: Season 5’ Season Pass from iTunes reasonably believed that they would receive access to all 16 episodes of Season 5, as announced and promoted by AMC,” Lazebnik says.

When the second half of Season 5 became available on iTunes in August, customers who had purchased the Season Pass were required to pay an additional $22.99 or $14.99 to watch the remaining episodes, even though they are still part of Season 5. “When a consumer buys a ticket to a football game, he does not have to leave at halftime. When a consumer buys an opera ticket, he does not get kicked out at intermission. When a consumer buys a ‘Season Pass’ to a full season of a television show on iTunes, that consumer should get access to the whole season,” Lazebnik says in the “Breaking Bad” class action lawsuit.

When Lazebnik contacted Apple to complain that he was not granted access to the second half of Season 5, he was informed that Apple considers it a different season and refers to it as the “Final Season.” Lazebnik claims that Apple’s behavior is “deceptive, fraudulent and undertaken only to maximize its revenue with regard to Season 5 of ‘Breaking Bad,’ the most popular TV program on iTunes, at the expense of its customers.” He claims that Apple breached California’s consumer protection laws.

By filing the class action lawsuit, he is seeking a refund for the second Season 5 “Season Pass” charge for all Class Members. He also seeks damages for breach of contract, unfair competition and deceptive trade.

Lazebnik is represented by Matthew Wilson of Meyer Wilson Co. LPA.

The “Breaking Bad” Season Pass Class Action Lawsuit is Noam Lazebnik, M.D. v. Apple Inc., Case No. 13-cv-04145-EJD, in the U.S. District Court for the Northern District of California, San Jose Division.

UPDATE: On September 23, Apple issued an apology and iTunes credit to “Breaking Bad” fans who purchased the allegedly deceptive Season Pass.