Apple asks iTunes users to sign a no-returns policy, which means a San Jose man who was double-billed for a $1.29 song is asking for $5 million in a lawsuit.
That MP3 of "Maggie May" costs $0.99, not $1.98, Apple -- and a San Jose man's lawsuit is seeking to remind the company.
In the case of Robert Herskowitz, about $5 million will be enough to settle a class-action lawsuit in which the San Jose resident alleges that the company defraud countless customers across the country -- all of whom are asked to break laws by clicking approval to a no-refunds, no-returns policy, according to SF Weekly.
Herskowitz downloaded Adam Lambert's "Whataya Want From Me" but was charged $1.29 twice -- double what the tune should cost on iTunes. Herskowitz saw the double-billing on his bank statement and contacted the company -- who reminded him that it's caveat emptor, no refunds or returns, according to the newspaper.
"Your request 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," Apple customer service allegedly told Herskowitz in an e-mail. "This policy matches Apple's refund policies and provides protection for copyrighted materials."
This kind of you-bought-it-you-bought-it-forever policy breaks California and common law, the lawsuit alleges, and likely "resulted in substantial numbers of Apple customers throughout the country having been double billed by Apple," the lawsuit alleges.