User files class-action lawsuit against Apple over ‘Breaking Bad’ iTunes confusion

By , Sep 9, 2013

bb season ss

Last month, Apple upset tens of thousands of Breaking Bad fans when it posted on iTunes that those who had already purchased what they thought to be the entire final season of the popular series would have to pay again for the final 8 episodes.

It was the TV network’s fault— it was AMC’s decision to split the fifth (final) season into two parts. But iTunes user Noam Lazebnik, of Ohio, feels that Apple deserves some of the blame too, and he’s filed a class-action lawsuit against the company…

9to5Mac points to the filing:

“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.

Defendant Apple, Inc. (“Apple”) apparently disagrees. This case is about Apple’s deceptive and unfair sales practices with regard to Season 5 of the popular television program “Break Bad,” which produced by AMC Networks, Inc., marketed by AMC and Apple and sold through Apple’s iTunes platform.”

To recap what happened, users have been purchasing the first half (8 episodes) of the final season of Breaking Bad, under the impression that the second half would be included too. But the final 8 episodes showed up in iTunes as a separate purchase.

season pass bb

To be fair, AMC has been rather confusing in marketing the fifth season of the hit show. In a May 2012 press release, they specifically said that the final season would include 16 episodes, but they have since run several ads referring to a split release.

Still, I’m not sure the extra $20 was worth filing a lawsuit against Apple over—especially considering that all told, the $40 users spent on both halves of Breaking Bad Season 5 is about what you’d be spending on a TV season of a newer, hit show anyway.

Regardless, Lazebnik and his attorney are going after Apple for engaging in false advertising and unfair business practices, and are seeking damages of around $20 per class member—which would include the millions of users who bought BB Season 5.

What do you think, should Apple be held responsible here?

  • Share:
  • Follow:
  • Damian W

    Microsoft does the same crap on marketplace with games. I would sue the crap out of them. Way to go for the guy who is doing this

    • ✪ aidan harris ✪

      He obviously has big cojones to stand up against Apple and their legal team. I doubt he’ll win but it will be interesting to see where this goes…

      • Cho

        I also want to see where this would go from here.

      • Pawne

        If Apple loses they will just make a quick phone call to Obama to sort it out for them.

    • https://twitter.com/MrElectrifyer MrElectrifyer

      Uhm, they make you pay for game updates? Or do they change the game prices after you’ve pre-ordered them, then ask for more money? Or how exactly do they do the same crap? Curious to know ’cause I’ve never bought a game on marketplace…

      • Damian W

        They miss advertise the games. You click on it to buy it, and you end up buying other games. Walking dead was perfect example. Also they don’t provide clear instruction which the full game is and which one is just and addon. It is very easy to make mistake if you don’t read every single detail. I don’t rent movies so I don’t know, but I am pretty sure they do what Apple did.

      • qav1

        Question, why wouldn’t you read every detail? If you don’t read it, then that’s your fault, yes? And while I’ve never bought anything from apple, I’ve never had any problems with windows marketplace (I own dozens of games). So your argument, unless you can explain why you wouldn’t read it, is invalid -.-. I agree that in any case, the suet is deserved.

      • Damian W

        You missing the point. Yes it is my fault I did not read every detail, but Microsoft had made sure to confuse the buyers. Three clearly make false advertisement and don’t even have a password protection from buying things by accident. I made at least one purchase by accident because there is no password protection. Not to mention kids could buy anything without your permission. Microsoft makes all these things difficult on purpose. They make millions of dollars from our mistakes, and I am not the only one who was in this situation.

  • Michael Jack

    Good for him!

  • hocus86

    Does anyone (with a legal background) know how this works: I thought most states had a minimum damage requirement of $25? I understand this is class action suit and not small claims so I am sure that is it. Just curious is all.

    • stulaw01

      That’s exactly how they get around the jurisdictional amounts. People similarly situated, or having been damaged in the same way by the same defendant, can combine their amount of damages together. Ie. if it is $20 damage per person, but 200,000 claims, then it is a big amount for the total damages in the case- $4 million.

      • hocus86

        Figured that is what it was. Thank you.

  • Jason Masters

    Why didnt all these people just download the whole series for free on a cool torrent site thats huge and probably the fastest and best ill just say it rhymes with bee zee tv lol.!

    • PiraCee

      People who do hate are referred to as .. lets just say it rhymes with “runts”

    • Damian W

      Or even better – movie4k or tubeplus

    • Chuck Finley

      Some people are actually decent human beings who want to support the people who work tirelessly to make entertaining content.

      Dick.

      • Jason Masters

        Lol like paying 20$ for CDs until the Internet and CD burners were available no its greed and buying a series doesn’t make you decent no sir not in the least you can buy a whole series and be a friggin pedo should we commend you get out with that bs

  • Ted Forbes

    Jailbreak your iPhone and install Movie Box you’ll see all five seasons of Breaking Bad in HD at no extra cost other than the cost of an iPhone. Do it now while you can and do it while Movie Box still works. Movie Box, its just unbelievable!

  • https://twitter.com/MrElectrifyer MrElectrifyer

    Yes, Apple is very well responsible for the BS; they did false advertising on iTunes claiming the purchase is for the whole season. if it was a mistake, then let it be a lesson to them to thoroughly check what they advertise. Letting them walk away like an irresponsible big-kid is just not fair.

  • calebgrayson

    here’s the deal.I paid $20 for Season 4 for 13 episodes and $15 for the first half of Season 5 (8 episodes) and another $15 makes it $30 for the whole season. Why is Season5 50% more expensive than Season4 when it only has 23% more episodes?

    Also, I’ve watched 5 of the last 8 episodes and they are slow. drawn out. there’s not 8 episodes worth of material here. there’s 5 at best which would bring the total to 13. its like they totally stretched the season to make more money. which is fine if you had told me BEFORE i bought the season pass.

    i can’t wait to participate in the law suit. i’m pissed. i’m pissed for waiting and i’m pissed that when it finally came out i had to pay again. i didn’t even know until it came out. and i’m pissed that these episodes aren’t near the quality of the last 4 and a half seasons. i pissed at iTunes for not communicating it and then not responding to all the customer’s complaints. i’m pissed at AMC for not publicly stating reasons to justify why they feel they can do this. i’m pissed at Vince Gilligan for writing fluff to pad his wallet.
    i’m pissed! and so is my girlfriend!