iTunes Class Action
You may have purchased or received an iTunes gift card where the card or packaging to which it was attached contained language that “songs are 99¢” or other language indicating that songs are priced at 99¢. For convenience, these gifts cards will be referred to as “99¢ iTunes Gift Cards.”
The Court ordered this Notice to be sent to you because you have a right to know about a proposed settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the settlement. If the Court gives its final approval and any appeals are resolved, and if you follow the instructions for submitting a claim, you will receive the iTunes Store credit that the settlement allows. This package explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. The Court in charge of the case is the California Superior Court for the County of Santa Clara, and the lawsuit is known as Johnson v. Apple Inc., Case No. 1-09-CV-146501. For convenience, this will be referred to as “the Lawsuit.” The person who sued is called “Plaintiff,” and the company they sued, Apple Inc., is called “Apple” or “the Defendant.”
The Lawsuit claimed that Apple advertised, distributed, and sold gift cards which stated that songs could be purchased at Apple’s online iTunes Store for a price of 99¢ per song. It further alleged that in April 2009, Apple raised the price of certain songs at the iTunes Store from 99¢ to $1.29 and that 99¢ iTunes Gift Card holders who purchased $1.29 songs were overcharged.
A similar class action was filed in the United States District Court for the Southern District of Illinois. That case is known as Owens v. Apple Inc., Case No. 3:09-cv-00479-MJR-DGW (“Owens Action”). It will be dismissed if the Court approves this settlement. Apple denies all allegations in the Lawsuit and in the Owens Action, and has asserted many defenses. Apple is entering into this settlement to avoid burdensome and costly litigation. The settlement is not an admission of wrongdoing or an indication that any law was violated.
If you believe you qualify for this settlement, please visit this website: https://www.johnsonitunessettlement.com/Default.aspx