Report: Lawsuit Over iTunes Double-Billing Dismissed

Adam Lambert
Charles Sykes/Invision/AP

Adam Lambert attends a press event to announce a Queen + Adam Lambert summer tour

A lawsuit against Apple claiming the company double-billed its iTunes customers has been dismissed. Courthouse News is reporting that the plaintiffs, Robert Herskowitz and Phoebe Juel, settled with the tech giant on Tuesday (Oct. 7).


Herskowitz brought his $5 million lawsuit in 2012, alleging that Apple had likely defrauded countless customers by billing twice for songs purchased in iTunes, and that the company's no-refunds/no-returns policy nixed any chance of refunds. The double-purchase that inspired Herskowitz's action: Adam Lambert's "Whataya Want From Me."

In her lawsuit, Juel claimed Apple charged her for downloading a song on iTunes that she had already purchased before, but could not locate on her computer. In an earlier ruling in the case, U.S. District Judge Lucy Koh sided with Apple, saying "the agreement in effect at the time of Juel's purchase contained an express provision that purchasers were not entitled to re-download a song free of charge."

Herskowitz and Juel's lawsuits were consolidated last year, and they had hoped to bring a class-action lawsuit against the company on behalf of other customers, but a federal judge ruled against them earlier this year. In this week's stipulation in the case, the plaintiff's waived their right to appeal that decision, and both sides agreed to pay their own legal fees. Other details of the settlement were not disclosed.


The Biz premium subscriber content has moved to

To simplify subscriber access, we have temporarily disabled the password requirement.