Apple Says ITunes Double-Charging Plaintiffs Lack Proof

Law360, San Francisco (April 11, 2013, 9:12 PM EDT) -- Apple Inc. urged a California federal judge Thursday to toss a putative class action claiming the company double-charged customers for songs they downloaded from iTunes, arguing that neither of the plaintiffs have proven they downloaded a single copy of the songs at issue.

The iTunes agreement stated in December 2010, when the downloads took place, that songs can only be downloaded once, Apple argued in its motion to dismiss. Plaintiff Robert Herskowitz claims he was charged twice for a single song — Adam Lambert's “Whataya Want...
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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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