Have you ever been double billed when buying from Apple? It has happened once to me when my bill read that I had ordered two iPhone cases instead of one. A quick email sent to Apple resolved the issue, but unfortunately Robert Herskowitz was not so lucky. He purchased a song on iTunes for $1.29 but it seems that Apple charged him twice. Obviously not happy about that, he reached out to Apple looking to resolve the issue but the response he received was less than favorable and it read:

“Your request for ‘Whatya 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.”

Herskowitz is now filing a lawsuit against Apple seeking an injunction and punitive damages amounting to more than $5 million, claiming that this is an alleged breach of contract, breach of faith, unjust enrichment, unfair competition and business law violations. He goes on to say that Apple apparently double-bills its customers with “troubling regularity” and that this policy of theirs extends to the App Store, the iBookstore and the Mac App Store.

It certainly sounds like a lot of trouble to go through for $1.29, but we guess we can’t fault the guy for standing up for his rights. It will be interesting to see how this one plays out and how Apple will respond to this lawsuit. In the mean time you can check out the full complaint below.

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