SAN JOSE, Calif. (CN) - Apple will not have to face claims that it charged more than once for multiple iTunes downloads after the plaintiffs settled with the tech giant today in federal court.
Robert Herskowitz and Phoebe Juel hoped to represent a class of customers who made repeated downloads of the same song from iTunes, only to discover that Apple charged them every time.
Juel said Apple charged her when she downloaded a song from Apple that she had already downloaded but could not locate on her computer. Herskowitz alleged he was charged more than once for the same product.
U.S. District Judge Lucy Koh found earlier this year that particular questions about each plaintiff in each case foreclose class certification.
The judge dismissed the consolidated cases today without leave to amend pursuant to a signed stipulation from both sides.
The plaintiffs waived their right to appeal Koh's recent order denying class certification and agreed that both sides would bear their own attorney fees and costs, according to the stipulation.
Herskowitz is represented by Joseph Tabacco Jr. of Berman DeValerio, who did not reply to a request for comment.
Apple is represented by Penelope Preovolos of Morrison & Foerster, who told Courthouse News, "You know you have to contact Apple's public relations department," which did not return a request for comment.
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