Comments on: Apple sued over iTunes gift cards

An Illinois couple is suing because Apple advertises its iTunes gift cards as selling songs for 99 cents a pop. However, some songs actually cost $1.29.

[ITDph]

Doubt that this will stand up in court. You CAN purchase any song for .99 cents. If you chose to buy a DRM free song, then you'll pay $1.29. Just another example of frivolous litigation.

[unknown unknown]

That's not even how iTunes is setup any. DRM free was only more expensive during the introduction, but most of the DRM songs have been reduced to $0.99 and well before they introduced this variable pricing scheme.

[BtmnHatesRbn]

The TOS/EULA of the iTMS clearly states the changes. If they can't see that, too bad. Also, a lawsuit for financial damages must have a direct record loss of $20. They don't have that. This case will go nowhere, fast.

[medezark]

The gift card's text supercedes the iTMS terms of service.

[pghcraig1]

Actually, what if they buy 69 cent songs? Using their logic they would owe apple money since they are claiming to have "a breached contract" to purchase at 99 cents.

Not to mention, the retailers (wal-mart) seem to have failed to change their POP materials. I'm sure they could sue them too if they want to be petty. But I'm also sure there is a disclaimer in their somewhere that terms and conditions may change. In fact, it tells you on the card that terms/pricing may change, and when you launch iTunes store after changes, doesn't it make you agree to those new terms to continue?

[bdigital24]

If Apple was smart, they'd sell the cards for the same price but offer credit that is consistent with 25 $1.29 purchases... or at least some kind of similar model. A $25 card at the point of sale with $32.25 of credit on it for 25 $1.29 purchases or 45 $0.69 purchases, or some combination in between.

They would get large chunks of pre-paid money in exchange for iTunes credit that exceeds the purchase price. If they could figure out a way to make it work within their margins, it could greatly increase iTunes revenue over the long run and always ensure that they have (more) cash on hand.

[StaggsX]

They don't HAVE to buy the $1.29 song. They can only buy $.99 songs, or the rare $.69 songs. Just because it says $.99, doesn't mean you have to use it for $1.29 songs.

[aka_tripleB]

The judge should through out the case. First off, it was the store that was still selling the "misprinted" gift cards. Second, Apple announce five months before these morons bought the gift card. Someone who actually uses iTunes is almost certain to have heard this, if I, someone who doesn't, did. I guarantee, these two people delibrately sought out an "outdated" card so that they could try suing Apple.

[medezark]

The entire Gift Card market is a scam. Between non-use fees applied against the cards, the fact that the issuer's have "use" of the card-holders money for the time the card lies fallow, and then cases such as this? Anyone who purchases a gift card is foolish, and anyone recieving a gift card who doesn't use it immedaitly is equally foolish.

"Oh, but if I just give them cash they'll think I didn't put any time or effort into the gift!" Ha!

If you like to give 0 interest loans to the big corporations (negative interest when the fees are taken into account) be my guest and buy all the gift cards you can.

[mattjew04]

i bought a gift card for 20 from best buy so my dad could buy a blu ray, but now the blu ray isnt on sale.... im gonna sue best buy...

are these people serious, if i was a juror on the case, i would laugh at them, and make them pay apple every cent it cost to sent reps to the court room.

[Dan7637]

retarded people , they should have known that pricing was going to change for itunes

this is another example of the needed change to the legal system to bar people from suing for stupid charges like this and mc donalds made me fat

[AaronTheTechie]

There is very little reason to buy from the iTunes store when there are completely legal, cheaper alternatives like http://www.legalsounds.com 9 cent songs!

[JCM0520]

Anyone else think that Apple also sells videos, audiobooks, other gift cards, games, apps, etc. the majority of which cost more than 99 cents? You use the gift cards to put money on your account, not to buy individual songs. Everyone who has ever bought one, or even seen one in the store knows that it is for a given amount it is written in big white letters on a neon background directly on the front of the card.

[tzs108]

Has anyone seen a photo of the card they purchased? The cards sold right now (such as the one whose photograph is at the top of the article) just state a dollar amount. However, at least some older cards stated both a dollar amount *AND* the price of the songs. For example:

http://cache.daylife.com/imageserve/00xIdGN1mR9cA/340x.jpg

Note that $50 card states both $50 AND that the songs are 99c per song.

If that is the kind of card they have, then a contract was formed when they bought the card to sell them songs at 99c per song up to the stated dollar value. The subsequent price increase in songs would not affect the contract price of established contacts, and they have a pretty darn good case (unless the back of the card has some fine print that covers this).

If they have one of the cards that just states a dollar value, then Apple can charge them the prevailing price at the time of download, and they have no case.

Until we see what kind of card they have, we have no way of telling whether this is a frivolous case, or a just case (that should probably be a class action).

Hey CNET! Help us out here. Whenever you publish a story about someone filing a lawsuit, link to the filings, or give the docket number and court, so we can go see what exactly is being claimed.

[bvdon]

Please take these dumb litigants out back and put them out of their misery.

[OS11]

Looks like they paid a $350 filing fee... so it's clearly a scam by a lawyer to try and get rich. Here he is...

http://www.onderlaw.com/st_louis_lawyers.asp?ID=9

Basically what will happen (unless it's thrown out) is Apple will have to send $5 checks to everyone that has this particular card. (or some other agreed amount)

Apple should take the stance it was the recording companies demanded the price change, not Apple and then push the expense to them.

Case number 09-479-WDS - if you want to look it up.

[TheRealCombatCarl]

Wow, so these people have never heard that iTunes sells movies, audiobooks, etc,you know, items OTHER THAN MUSIC, which cost more than 99 cents.... Which I believe, since they obviously didn't hear about Apple raising their price of some songs in iTunes to $1.29 in April, which Apple started announcing back in JANUARY.
So it's another wonderful quick cash grab by some bottom feeders, and yet another story for Windows fans to badmouth Apple over. Nice.

[Constable Odo]

I guess I'll be able to sue the New York Transit Authority after I get a MetroCard and right after they raise the fare. I always thought what matters was the value of the card and not how many rides you can get from it at any particular time.

How come Microsoft didn't get sued for trying to shill Vista to everyone after promising them a great OS that turned out to be crap for many consumers and businesses alike? Is it because Microsoft is the good guy and they would never think of deceiving customers?

[Jonnartt]

i dont think thats contractual and if so, im assuming the govt covered all angles that could lead to a suit of that particular matter

[Jonnartt]

TROLL

[brettsutherlin]

Apple has deep pockets. Brett Sutherlin

[shiningdevil]

>_>..

.....

Someone, please, slap these people.

[paintedangel]

I keep all my used Itunes cards ( yeah I'm weird...so what?) And I cannot find anywhere on any of them where it says that all songs on Itunes are 99 cents ( or ANY price for that matter)
Am I missing something here?
IMHO these people need to occupy their time with relevant issues.
MORONS!!!