Apple Looks To Boot ITunes Double Charge Case

Law360, New York (December 12, 2012, 5:14 PM EST) -- Apple Inc. asked a California federal judge Tuesday to toss a consolidated class action that alleges the tech giant violated its user agreement by double charging customers for songs purchased on iTunes.

In a motion to dismiss the consolidated suit, Apple said the plaintiffs' claims must be dismissed because the iTunes user agreement expressly states that iTunes songs may be downloaded only once and cannot be replaced. The user agreement also includes a remedy that both lead plaintiffs ignored, according to the company.

"Plaintiffs' core theories...
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Case Information

Case Title

Herskowitz v. Apple, Inc


Case Number

5:12-cv-02131

Court

California Northern

Nature of Suit

Contract: Other

Judge

Lucy H. Koh

Date Filed

April 27, 2012


Case Title

Juel v. Apple Inc.


Case Number

5:12-cv-03124

Court

California Northern

Nature of Suit

Contract: Other

Judge

Lucy H. Koh

Date Filed

June 15, 2012

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