Sent an email, got a reply within 24 hours.
Hello XXXXXXXX,
I understand you are upset about the new iPod Touch software update that is being sold to older users but, newer users get it with the Touch now. I can certainly see how this would be upsetting and a bit frustrating too. My name is XXXXX and I would like to help you today.
As announced on January 15, Apple now sells a model of iPod touch that includes Mail, Maps, Stocks, Weather, and Notes. Apple strives to provide the best customer experience by continually improving our offerings. These applications have been incredibly popular with our iPhone customers, so we're making them available on the new iPod touch as well. I understand your frustration with this change.
As with all products, Apple offers a 14-day price-protection and/or return period for products purchased directly from the Apple Store (online, retail, or by telephone). If you purchased your iPod touch from an Apple reseller, please contact the reseller from whom you purchased the iPod touch to inquire about the reseller's returns policy.
Because of your loyalty with Apple, I am willing to offer you a one time exception on this policy.
I have reversed the charge for "iPod touch January Software Upgrade," which I understand you purchased unintentionally. You will see a store credit of $20.09 in three to five business days. You may need to sign out of the iTunes Store and then sign back in before you see the credit in your account.