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Settlement in iTunes Gift Card class action suit offers $3.25 per customer

post #1 of 26
Thread Starter 
A settlement has been reached in a class action lawsuit involving iTunes customers who purchased songs from the online music store for $1.29 with gift cards whose packaging promised songs for only $0.99.

Kurtzman Carson Consultants reports on its website that the Johnson v. Apple Inc. class action lawsuit, first filed by Gabriel Johnson in July, 2009, has been settled out of court, with members of the class eligible to receive $3.25 in iTunes Store credit.

The lawsuit alleged that Apple overcharged customers by advertising and distributing $0.99 gift cards before subsequently raising prices for certain songs to $1.29 in April 2009. Although Apple denied the allegations, both parties decided to settle to avoid the cost of litigation.

Problems arose when Apple ditched its iTunes-wide $0.99 model in April 2009, and began offering higher-quality tracks for $1.29. During the transition, Apple continued to advertise $0.99 songs on some gift card packaging. The new $1.29 pricing was later expanded to include new hits and popular tracks, along with the addition of a $0.69 model for less-popular songs.

In order to receive the credit, claimants must have purchased songs priced at $1.29 on or before May 10, 2010, with an iTunes gift card that said songs from the online store were $0.99.

Apple has also agreed not to oppose the Class Counsel's request for an award of attorney's fees and expenses of up to $2,117,500, which will be up for court approval in Feb., 2012. Counsel fees do not reduce the amount awarded to the class.
post #2 of 26
The difference between lawyers and plaintiffs is sad and hysterical. I might have felt empathy if we weren't talking about some old gift cards in a well publicized change in song pricing terms that Apple clearly didn't want to see happen but agreed to get higher-quality, DRM-free content that the labels were already supplying to Amazon.
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post #3 of 26
How am I to know if any gift cards I had said 99¢ on them?
post #4 of 26
I totally disagree with Apple settling this lawsuit in the described manner. The lawyers should be compensated based on filed (and accepted) claims. Once again lawyers make off with millions while those "harmed" get pennies.
post #5 of 26
Quote:
Originally Posted by ronn View Post

I totally disagree with Apple settling this lawsuit in the described manner. The lawyers should be compensated based on filed (and accepted) claims. Once again lawyers make off with millions while those "harmed" get pennies.

Makes one wonder why anyone would file a class action lawsuit if the lawyers get most of the "profit" and the plaintiffs get stiffed. I'm guessing these lawyers make promises about how much money they can get for the plaintiffs, then come back months or years later and recommend a settlement as "as good as we could get."

And of course these lawsuits figure into the price of the product too. We all wind up paying the lawyers millions while we get our $2.00 coupons.
post #6 of 26
I guess this calls for a "I sued Apple and all I got was... enough to buy an Apple" t-shirt.

Really, only in America could this of actually gone to court! As awesome as you guys often are, you're sometimes a bit daft!
post #7 of 26
Quote:
Originally Posted by lkrupp View Post

Makes one wonder why anyone would file a class action lawsuit if the lawyers get most of the "profit" and the plaintiffs get stiffed. I'm guessing these lawyers make promises about how much money they can get for the plaintiffs, then come back months or years later and recommend a settlement as "as good as we could get."

And of course these lawsuits figure into the price of the product too. We all wind up paying the lawyers millions while we get our $2.00 coupons.

It's the lawyers that solicit and file these suits. Nobody wins except the lawyers, ever.
post #8 of 26
I guess this calls for a "I sued Apple and all I got was... enough to buy an Apple" t-shirt.

Too funny. I guess theses days anything can be fought in court. What a joke the modern court system has become.
post #9 of 26
Quote:
Originally Posted by lkrupp View Post

Makes one wonder why anyone would file a class action lawsuit if the lawyers get most of the "profit" and the plaintiffs get stiffed. I'm guessing these lawyers make promises about how much money they can get for the plaintiffs, then come back months or years later and recommend a settlement as "as good as we could get."

And of course these lawsuits figure into the price of the product too. We all wind up paying the lawyers millions while we get our $2.00 coupons.

If you read the actual complaint it is usually John Doe files on behalf of all the other people who are in the class action. The attorneys and John Doe have a separate contract that gives Mr. Doe a substantial portion, say 20%, of the lawyer's profit as a referral fee. Everyone else gets a free song.

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post #10 of 26
Quote:
Originally Posted by lkrupp View Post

Makes one wonder why anyone would file a class action lawsuit if the lawyers get most of the "profit" and the plaintiffs get stiffed. I'm guessing these lawyers make promises about how much money they can get for the plaintiffs, then come back months or years later and recommend a settlement as "as good as we could get."

And of course these lawsuits figure into the price of the product too. We all wind up paying the lawyers millions while we get our $2.00 coupons.

It's the lawyers who do the filing. You've seen the ads on late night TV. WERE YOU OR A FAMILY MEMBER HARMED AFTER TAKING PILL XYZ? CALL US NOW! GET WHAT YOU DESERVE!.

No member of the public goes to a lawyer asking for help. The lawyers troll around for clients.
post #11 of 26
Quote:
Originally Posted by AppleInsider View Post

Apple has also agreed not to oppose the Class Counsel's request for an award of attorney's fees and expenses of up to $2,117,500, which will be up for court approval in Feb., 2012. Counsel fees do not reduce the amount awarded to the class

Lawyers win, customers lose.
Typical class action lawsuit.
post #12 of 26
Quote:
Originally Posted by ronn View Post

I totally disagree with Apple settling this lawsuit in the described manner. The lawyers should be compensated based on filed (and accepted) claims.

They do get paid that way.
The settlement is "up to".
This amount depends on how many claims are filed.
post #13 of 26
scumbag bottom feeding attorneys - the US legal system is a joke!
post #14 of 26
Waa. Waaaa. \
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post #15 of 26
Quote:
Originally Posted by lkrupp View Post

Makes one wonder why anyone would file a class action lawsuit if the lawyers get most of the "profit" and the plaintiffs get stiffed. I'm guessing these lawyers make promises about how much money they can get for the plaintiffs, then come back months or years later and recommend a settlement as "as good as we could get."

And of course these lawsuits figure into the price of the product too. We all wind up paying the lawyers millions while we get our $2.00 coupons.

I have an attorney representing me right now with my VA claim for military service connection. I haven't heard from my attorney for 1 1/2 years. I call and leave a message and they never call back. They have already gotten paid for one stage of my claim and I have not received 1 penny. I am beginning to think that Attorneys are nothing but ass holes who love money and are out to get everything regardless of what the client gets. I am beginning to dislike attorneys very very much.
An Apple man since 1977
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An Apple man since 1977
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post #16 of 26
Because the lead Plaintiff usually gets more then the rest of the class.


Quote:
Originally Posted by lkrupp View Post

Makes one wonder why anyone would file a class action lawsuit if the lawyers get most of the "profit" and the plaintiffs get stiffed. I'm guessing these lawyers make promises about how much money they can get for the plaintiffs, then come back months or years later and recommend a settlement as "as good as we could get."

And of course these lawsuits figure into the price of the product too. We all wind up paying the lawyers millions while we get our $2.00 coupons.
post #17 of 26
Quote:
Originally Posted by FreeRange View Post

scumbag bottom feeding attorneys - the US legal system is a joke!

Then leave the US.

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post #18 of 26
Quote:
Originally Posted by tylerk36 View Post

I have an attorney representing me right now with my VA claim for military service connection. I haven't heard from my attorney for 1 1/2 years. I call and leave a message and they never call back. They have already gotten paid for one stage of my claim and I have not received 1 penny.

Get a new attorney ASAP.
Seriously.
post #19 of 26
Quote:
Originally Posted by sgginc View Post

How am I to know if any gift cards I had said 99¢ on them?

indeed. if they ask for proof, no one will have it at this point because they typically toss the gift cards after redeeming them. Maybe the couple of folks that filed the suit kept theirs but not everyone else.

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post #20 of 26
This is ridiculous, this is a case of attorneys creating a reason to sue, in order to justify legal fees.

Apple was probably wrong and had misadvertised something, or changed terms of pricing on itunes, but cmon this is ridiculous. Companies can change pricing.
post #21 of 26
Everyone who thinks this is "wrong" please take this outcome seriously. I understand most who frequent this message board are left-leaning in nature and inclined to vote for Democrat candidates. Keep in mind Republicans have for years tried to shut down frivolous law suits but Democrats have done everything in their power to block legal reform.

I won't tell you who to vote for in the next election but instead will ask you to voice your opinion to whomever you support that our legal system has to change and cases like this one demonstrate that need. Pay careful attention to how they respond (if they respond).
post #22 of 26
Quote:
Originally Posted by lkrupp View Post

Makes one wonder why anyone would file a class action lawsuit if the lawyers get most of the "profit" and the plaintiffs get stiffed. I'm guessing these lawyers make promises about how much money they can get for the plaintiffs, then come back months or years later and recommend a settlement as "as good as we could get."

And of course these lawsuits figure into the price of the product too. We all wind up paying the lawyers millions while we get our $2.00 coupons.

Quote:
Originally Posted by bjojade View Post

It's the lawyers that solicit and file these suits. Nobody wins except the lawyers, ever.

Quote:
Originally Posted by Chris_CA View Post

Lawyers win, customers lose.
Typical class action lawsuit.

Yep. I get paperwork for class action lawsuits over stocks that I've owned all the time. If the lawsuit succeeds, you usually get about 7 cents a share. Since most of my investments are in funds in which I own just a few shares of each stock, they're usually not worth the postage to mail the forms back (never mind the time to research all the stock buys/sales). But the lawyers get $ millions, sometimes up to hundreds of $ millions. It's an absurd and ridiculous system, especially since most companies settle to avoid a protracted lawsuit that they have to defend.
post #23 of 26
Quote:
Originally Posted by mstone View Post

If you read the actual complaint it is usually John Doe files on behalf of all the other people who are in the class action. The attorneys and John Doe have a separate contract that gives Mr. Doe a substantial portion, say 20%, of the lawyer's profit as a referral fee. Everyone else gets a free song.

I don't know about that, but if I ever sued in this kind of situation, I'd be trying to do as much damage to the company as I can, in order to make it not worth it for it to misbehave. For example, I'd like to go after Steam for making it so much easier for pirates to play their games than me, who plays their games after buying them full price. Or Eidos for selling me a Deus Ex game that's not a Deus Ex, but merely a Assassin's Creed Deus Ex Edition. I would not want money. I'd want them to lose so much money they'd never do it again...

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Social Capitalist, dreamer and wise enough to know I'm never going to grow up anyway... so not trying anymore.

 

http://m.ign.com/articles/2014/07/16/7-high-school-girls-are-kickstarting-their-awa...

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post #24 of 26
It's actually not a bad deal, it take less than 5 minutes. Not too bad for "free" credits.

Here's the link:
https://www.johnsonitunessettlement....4-c44cecef56de
post #25 of 26
I just received an email to join in on this class action lawsuit against Apple.

Gives me more reason to hate lawyers. Anybody can sue anybody for anything. What started out as one persons complaint about penny's will have more attorneys getting rich. I bet less than 50 people come forward. I went through many iTunes cards, never saved them after entering the information. Apple still had plenty of songs priced at $0.99 and even reduced some to $0.69. CRAZY WORLD WE LIVE IN, RICH GET RICHER. TJ
post #26 of 26
Quote:
Originally Posted by tomjaycox View Post

I just received an email to join in on this class action lawsuit against Apple.

Gives me more reason to hate lawyers. Anybody can sue anybody for anything. What started out as one persons complaint about penny's will have more attorneys getting rich. I bet less than 50 people come forward. I went through many iTunes cards, never saved them after entering the information. Apple still had plenty of songs priced at $0.99 and even reduced some to $0.69. CRAZY WORLD WE LIVE IN, RICH GET RICHER. TJ

Without these lawyers we wouldn't be able to keep Apple in check. They are raising these prices against what they had agreed to do. If they wanted to charge this in the beginning it would have been fine, its Apple that is getting rich, not all the lawyers.

These lawyers did get a lot of money but there are probably lots of them and they worked hard. Its not one or two lawyers getting this money, its hundreds. They spent a lot of their own money on this litigation, went to school for a very long time and put a lot of effort into it.

I am definitely signing up for this rebate, if not for anything else than a few free songs (whether at .99 or .69!).
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