Odds are, if you are double billed for an item, no matter where you buy it from, a quick complaint to the customer service department will resolve the matter. That was not the case for Robert Herskowitz, who was charged twice for a song on iTunes. He complained to Apple seeking a resolution to the issue, and this is the response he got.

“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.”

Big mistake. Herskowitz is now suing Apple seeking an injunction and punitive damages to the tune of $5 million dollars. The $5 million sum is a part of a class action which will see money going to other people who have been double billed by the company. Herskowitz says this happens a lot.

“Apple’s practice and policy of refusing to refund payments made by customers who have been double billed violates the terms of the Agreement, California statutory law, and common law. Accordingly, Plaintiff seeks to maintain this nationwide class action to reover damages for all customers who have been overbilled and to obtain equitable relief enjoining Apple’s enforcement of its blatantly illegal ‘no refund’ policy.”

I kind of doubt Apple refuses everyone who has been accidentally double billed for an item, but that’s what this filing is claiming. If they truly don’t refund people’s money in this scenario, Herskowitz deserves every penny.

Herskowitz v Apple, Complaint

The question remains, why would he buy “Whatya Want From Me” once?

[Source: ubergizmo]