Although Apple has created one of the strongest (likely the strongest) digital content stores in the world, it’s far from perfect. The iTunes Store has a number of fundamental problems, including the lack of a proper refund system.

Perhaps no one is more aware of this than Robert Herskowitz. The iTunes user was recently billed twice for the same song — Adam Lambert’s “Whataya Want from Me” — and was denied a refund by Apple. So he’s suing them…

According to Macgasm, Herskowitz has filed a class action lawsuit against the iPhone-makers for “unlawful policy and practice of refusing to refund customers who have been over-charged for purchases of products and services from Apple’s e-Stores.”

After discovering that he had been double-billed — an error that resulted in a $2.58 charge vs. $1.29 — Herskowitz contacted Apple asking for his money back. Here’s how they responded:

“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.”

It’ll be interesting to see what the outcome of this case is. While it won’t likely force Apple to revisit its refund policies, it could pave the way for similar lawsuits which might eventually spark a change. Hey, it’s happened before.

What do you think? Is this guy being ridiculous, or is he fighting for a good cause?

  • Dan

    “Whataya Want from Me”… a refund.


    • “It messed me up, need a second to breathe”…


  • Same scenario happened to me but I was granted a refund.

  • I like the way Android store does it, so you can get a refund within ‘x’ minutes. As far as I remember at least…

    • Anonymous

      I agree. This is where the Google Play Store smashes Apple’s in terms of customer service. If fact, the whole layout and operation of the Google Play Store is superior to Apple’s. It’s just that the apps for the iPhone are (in general) a lot better.

      • I prefer the App store compared to google play. Was playing around on my dads new phone yesterday and went onto google play.

        Prefer the layout and such of App store. I do find things like having to type in a password for a free app silly though. But paid apps and no password required on Android, meh…

      • only thing i like about the google play store is the check list

  • I’ve been granted a refund or adjustment fromitunes on several occasions when warranted, there is likelyore to this story that has been left out.

    • Dan

      probably wants some attention

  • regardless of what this person’s issue is, Apple’s policy needs to be reconfigured. For example, if you look up Police Radio Scanners, there is a company that has made 3 different versions. I’ve made the mistake of downloading the one I thought I had already purchased. I don’t care if it was a dumb mistake (which it was) but to not give me a refund when my invoices CLEARLY show I bought the “pro” version… yea…. also, what about these scam apps? No refunds on those? Amazes me apple even approves scam apps for the appstore.

    Yes, Apple need to be bitch slapped concerning it’s refund policy.

    • I did forget to mention that all 3 versions have the same exact icon.

  • KewlDewd

    So Apple messed up, and this guy downloaded an Adam Lambert song. Don’t those two mistakes just cancel each other out?

    • Anonymous


    • I was just about to write that, until I saw your comment.

  • Andy Sutton

    I’ve been charged for songs that I already have uploaded onto my iTunes Match account. I really agree there should be a way to dispute this. It’s not about the money, it’s the simple fact that we shouldn’t let Apple get away with it.

  • Lol must be the idevice with an troll soul that he has! Xp

  • They owe me 20 bucks for ibooks and after 4 moths couldn’t redownload them.

  • Every request I have put in to iTunes for a refund has been granted within a day. I have a feeling the guy downloaded two different versions of the song or something – some instance where the tracks weren’t identical. Maybe an extended version or something? Who knows.

    Either way, trying to sue Apple is like bringing a knife to a…um….nuclear bomb fight. Good luck dude…hope your family recognizes you when you get through with this.

  • Christa Crawford

    iTunes is the most horrible, poorly designed, cumbersome user interface known to man, It is difficult to navigate, use and understand, and this man deserves all the $$ he sues Apple for because when U add the time that people spend trying to figure out iTunes, and the double charging and the frustration compounded by using there monolithic tool it comes to way more than 5mill,