Apple Sued Over Gift Cards That Claim $0.99 Per Song
from the do-they-want-to-get-paid-in-gift-cards? dept
As we all know, back in April, Apple changed its iTunes pricing policy so that not all songs are $0.99. Now, some are $1.29 (and somewhere, we're told, there are a few that are $0.69). However, Apple has now been sued by a couple who claims iTunes gift cards are misleading, because they were sold claiming that iTunes songs are $0.99. The lawsuit claims that this is fraud on Apple's part, but I have a pretty difficult time believing this case gets very far.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: fraud, gift cards, itunes, price change
Companies: apple
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I have a pretty difficult time caring...
No name in the paper, no recognition, no 15 minutes...
Also, no common sense, why is this newsworthy? Cause it's apple
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The frak?
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Re: The frak?
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Re: The frak?
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Re: Re: The frak?
So what? You can't sell anything at a higher price once you issue a gift card?
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Re: Re: Re: The frak?
Again, this is a timing issue and a stale vs fresh gift card issue. If the gift card were on say the Apple site and said "all our songs are $0.99" then it would be a credible claim. If however it set in a walgreens since christmas 2007 then maybe not so much, though it could be a valid case for the idiot who doesn't know how to use an ipod.
Pretty much either a blatant case of apple not updating thier stuff, or someone making something out of nothing. Would be like sueing Sony over the TV you got in 2007 over not being HD compliant.
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It depends
I don't have one of these cards, but it's my understanding that the card explicitly says this (that songs ARE $0.99, and movies/videos ARE $1.99 or higher). Unless there is some fine print saying that prices may change, IMO this won't be trivially tossed by a judge (of course, it depends on jurisdiction/judge).
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Re: It depends
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Of course, always check expiry dates on offers like that ;)
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David vs Goliath
Let's see, little guy versus big corporation in US court. No, I don't see that turning out well for the little guy either.
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Re: David vs Goliath
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Re: Re: David vs Goliath
Yeah, can you believe their nerve? They're just lucky that Apple is willing to give them anything at all in return for their money, and they expect that return to actually be what was sold? Get real. Uppity little consumers like this need to be taught a little lesson about how the food chain works and their place in it, and I expect Apple's fine lawyers to do just that. Un-freaking unbelievable.
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Re: Re: Re: David vs Goliath
Only a fool purchases gift cards and assumes the price of merchandise will never change before they use them. The gift card value has not changed, the product you desire to trade the card for did.
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Re: Re: Re: Re: David vs Goliath
Hey, that's a pretty cool scam! I wonder if I could sell used cars like that? I could sell a "gift card" good for, say, any $9,999 car on the lot. Then just changes prices to make sure there are no $9,999 cars on the lot! Presto, worthless card, $9,999 profit for me! I like it!
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I agree with the customer
The Apple cards say .99 songs on them, Or at least used too. I am sure they have changed that now. But the older cards need to honor what they say on them. I don't care if there is some fine print on the back that says they can change it, that's diseptive and it's the kind of thing that Cell phone, ISPs, Cable and the like do that makes most of us angry every day. If we just laid down the law and said that fine print doesn't count you have to tell them people exactly what they are getting most of these issues would go away.
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Re: I agree with the customer
'tell them exactly what they are getting'
You have no idea what you are asking for. In the first place, you want companies to NOT describe in detail what the conditions are for the product, but then you want to be told exactly what the conditions are. Are you three years old or what? Fine print is there for people to READ.. that's why it is printed there. It is not printed there for you to ignore because you do not feel like reading it. If you want to know the conditions of a purchase or agreement, then read it, and if not then deal with your surprise when you do not get what you ASSUMED you were supposed to get.
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Re: Re: I agree with the customer
That could be the single funniest thing I've ever read on this site.
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Get a life...
Now on the other hand some of the songs are free on iTunes, so should they sue because they bought the card thinking all the songs cost money, and it turned out that "All the songs they want" are free?
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Re: Get a life...
That's no longer the case. Apple changed the pricing. Some songs are simply $1.29. Some are $0.99. Some are $0.69. All are DRM-free now. This change was announced months ago.
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On the other hand, Apple is being an idiot for not letting customers buy any song they want for $0.99 on those 99-cent branded gift cards, and eating the difference. Big whoop. They could make some of that back up by still charging $0.99 for $0.69 songs for any dumb idiot stupid enough to use one of those gift cards to buy them, and for the happy customers that would continue buying songs from them.
I mean, seriously. This is not how the Free Market is supposed to work. If I run a fruit stand, and I sell apples for $0.99, and then I give out flyers advertising $0.99 apples, I'd be a stupid mean dumb freaking idiot for denying someone a $0.99 apple if they came in and brought me a flyer. Even if I'd raised my prices since I printed the flyers. I'd just say "hey, glad you came by" and make them happy customers. Why has it gotten so difficult to sell a $0.99 item without getting sued or acting unethically these days?
Whenever idiots mix, a lawsuit is born.
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I agree.
Or how about saying "Glad you came by for that $0.99 item. Here are some other items you might like also. Please feel free to browse our store for even more things that might interest you."
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