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Apple Offers Refunds, iTunes Credit to Settle In-App Payment Suit

 & Chloe Albanesius Executive Editor, News

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Apple has reached a deal with customers who sued Cupertino in 2011 for the "unlawful exploitation" of children (and their parents' wallets) via in-app purchases.

As part of the arrangement, Apple will refund customers whose children inadvertantly ran up bills via in-app purchases, and offer a $5 iTunes credit for their troubles.

A California judge will consider the deal at a March 1 hearing.

The case started in April 2011 when Pennsylvania resident Garen Meguerian sued Apple after his 9-year-old daughter racked up about $200 in in-app purchases while playing games like Zombie Café, Treasure Story, and City Story. Meguerian said he was "completely unaware" that these games included in-game currency and was shocked to find the charges on his account.

The purchases were made in Feb. 2011, before Apple started requiring a password for in-app purchases via the iOS 4.3 ugrade in March.

Four other people filed similar lawsuits around the same time; those suits were consolidated into one case in June 2011. Early on, Apple tried unsucessfully to have the case tossed and to prevent the release of evidence. Ultimately, the two sides were ordered into mediation; they met on Oct. 23, 2012 and Jan. 17, 2013 and eventually reached a deal.

Apple has agreed to refund the price of in-app purchases made by minors during an unspecified 45-day period. Class members will also be entitled to a $5 iTunes store credit; they must attest that their children purchased the app content without their knowledge or permission. Those who racked up more than $30 in charges can request a cash payment rather than the iTunes credit.

It's not yet known how many people will take advantage of the settlement; court filings said Apple will notify 23 million iTunes account holders who have made in-app purchases.

Apple's in-app purchase policies got attention in 2011 when lawmakers asked the Federal Trade Commission to examine in-app purchases and determine whether or not consumers were being unfairly charged. They pointed to a Washington Post article that discussed an 8-year-old who had racked up $1,400 in in-app charges via Capcom's Smurfs' Village game. Capcom later agreed to post a warning about in-app purchases.

About Our Expert

Chloe Albanesius

Chloe Albanesius

Executive Editor, News

My Experience

I started out covering tech policy in DC for The National Journal, where my beat included state-level tech news and all the congressional hearings and FCC meetings I could handle. I later covered Wall Street trading tech before switching gears to consumer tech. I now lead PCMag's news coverage.

My Areas of Expertise

Getting my start in DC means I still have a soft spot for tech policy; Congressional hearings can sometimes be as entertaining as a Bravo reality show, for better or worse. But PCMag is all about the technology we use every day, as well as keeping an eye out for the trends that will shape the industry in the years ahead (or flop on arrival). I've covered the rise of social media, the iOS vs. Android wars, the cord-cutting revolution that's now left us with hefty streaming bills, and the effort to stuff artificial intelligence into every product you could imagine. This job has taken me to CES in Vegas (one too many times), IFA in Berlin, and MWC in Barcelona. I also drove a Tesla 1,000 miles out west as part of our Best Mobile Networks project. Of late, my focus is on our hard-working team of reporters at PCMag, guiding and editing their robust coverage.

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