Now New York resident Robert Herskowitz wants to represent everyone in the country in the same boat. In a complaint filed in San Francisco, Herskowitz wants Apple to pay back everyone who was allegedly charged for double downloads. He also wants special damages and for Apple to change its refund policy.

The case appears to hinge on the terms of service for the iTunes store which requires all users to agree to its no refund policy.

The iTunes rules provide for a refund only if an item doesn’t download or if there are technical problems.

Herskowitz’s complaint stems from December of 2010 when he downloaded 22 songs from iTunes. He claims that he was billed twice for one of them, paying $2.58 rather than $1.29 for “Whataya Want from Me.” The song is by an American Idol runner-up.

Herskowitz claims he wrote to Apple to recover the $1.29 but simply received an automated reply that described the no refund policy.

The lawsuit is based on breach of contract and on California consumer protection laws.

Apple is also facing a separate iTunes related class action brought by parents over so-called “bait apps” — apps that are free but on which children can rack up bills through in-app purchases.

Apple did not immediately reply to an email request for comment.

You can view the complaint at Justia which was first to report it.

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