Another day, another lawsuit. New York resident Robert Herkowitz says Apple charged him twice for the same song on iTunes and refused to give his money back for one of the songs, and is suing on behalf of himself and others who have experienced this, reports “GigaOm” (

Herkowitz 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, notes “GigaOm.”

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