Facts

Phoebe Juel filed a class action against Apple, representing a class of consumers who made repeated downloads of the same song from iTunes and discovered that Apple charged them every time. Robert Herskowitz claimed that Apple double-billed him for a single download, but Apple denied him a refund based on its purported no refund policy. They alleged breach of contract, bad faith, violation of the Consumers Legal Remedies Act, fraud, and unjust enrichment.

Apple moved to dismiss, arguing that Apple had no legal obligation to provide consumers with a second download of the same song free of charge.

Result

The judge dismissed the plaintiffs' claims, ruling that Apple clearly disclosed that multiple charges accompany multiple downloads of the same song. The Court dismissed plaintiffs' claims with leave to amend, except as to the claim for unjust enrichment, which was dismissed with prejudice.