While Apple has been cracking down on fake iTunes gift cards, a new lawsuit filed Wednesday charges that Apple is committing fraud of its own.
Barbara and Daniel Owens of Illinois have sued Apple in a Southern District, East St. Louis court and accuse the California firm of violating state consumer protection and fraud laws by imposing variable pricing but continuing to sell gift cards that listed all songs as selling for 99 cents each, even after the April 7th milestone when some songs began selling for $1.29. The Owens family says it bought at least one $15 card in mid-May that still showed the 99-cent figure, potentially misleading them and other customers into thinking they would get more songs per card than was actually possible.
As the issue could affect anyone in the US who bought a card and not just the individuals at the heart of the suit, the plaintiffs hope for class action status and want Apple to refund the 30-cent difference for every $1.29 song the affected class bought while using a card advertising the 99-cent price. They also seek "additional relief" where possible.
As always, Apple hasn't commented on the lawsuit, though the case has questionable merit: most songs are discounted when bought as a whole album and didn't receive a price hike in this form. Also, the suit itself adds the cards provide enough music and video to match its dollar value, not a set number of songs.
48 Comments
I suppose they went out and bought dozens of more cards after clearly seeing that the price on some songs was as much as a $1.29? Did they close their eyes when buying them?
Ridiculous.
Apple should have recognized those remaining 99¢ cards laying around on store shelves and sold those songs for 99¢ on iTMS, despite the new price hike.
Does anyone think ahead at Apple and prevent these sort of issues from occurring in the first place?
I guess not. (In other news Chomo Jackson died in a house fire, cause unspecified. children celebrate in the streets)
Very true, just 2 hours ago in a supermarket I saw a Gift Card Stand with $15 and $25 iTunes cards still with .99 a song.
Anyone that agrees with lawsuit is retarded. I guess they need to charge people 20 cents per song for those of you that bought a "99 cent song card" and purchased songs for 79 cents!!!
Apple definitely is in the wrong here, no doubt, but filing a lawsuit about it? Seriously? People like this really make me sick.