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Foxglove9

macrumors 68000
Original poster
Jan 14, 2006
1,674
303
New York City
Recently someone stole my credit card (epsilon computer hack most likely) and not knowing bought 15 itunes gift cards (in a different country). I only found out after a week when iTunes disabled my account and I looked at my bank statement to see what was going on and saw all the fraudulent purchases.

So I closed my credit card and the bank issued me a new one to replace it. The bank is making good and crediting the fraudulent charges. iTunes also has not charged me for anything I haven't legitimately purchased. However they said they cannot enable my account anymore. I explained to them in detail what happened and how my record is clean and they say there is nothing I can do except to rebuy all my apps all over again.

I've had the same account for 6 years, and probably have spent over $1000 in apps, movies and games. So I guess I lose all of that now and I it's not even my fault. I emailed 4 different people at itunes help support as well as have contacted Applecare who couldn't do anything, as well as the sjobs emails and another higher up at Apple support. Most wouldn't even respond back to me.

No way I'm losing out on $1000 worth of merch I bought. Any advice from anyone on what to do. I am all set to head to small claims court this week, as it seems that might be the only way.
 
First of all, they really should give you all your apps back. Especially as you're clearly a really good customer, and it costs them next to nothing.

That said - I'm pretty sure their T's & C's cover them for not having to let you download it all again free. That's why you get that box popping up from time to time telling you to backup all your purchases. Legally I doubt you would win.

Newspaper might be another option. The dangers of the digital age etc etc...

Purchases made by credit card usually have extra protection. You could check if the card that you linked to iTunes offers any kind of protection, as (in the UK anyway) they are jointly liable for anything you purchase with it.
 
No way I'm losing out on $1000 worth of merch I bought. Any advice from anyone on what to do. I am all set to head to small claims court this week, as it seems that might be the only way.

You bought $1,000 worth of apps/games on iTunes? :eek: Wow...
 
That's why you get that box popping up from time to time telling you to backup all your purchases..

It doesn't matter if you back up your purchases. Apps contain DRM that is only authorized for the iTunes account that made the purchase.

OP, it's time to jailbreak and use pirated apps.
 
that's not true. they reactivate your account if you give them some information. my account was hacked and they bought some stuff, was fully reimbursed and my account was reactivated. email support.
 
It doesn't matter if you back up your purchases. Apps contain DRM that is only authorized for the iTunes account that made the purchase.

OP, it's time to jailbreak and use pirated apps.

But if you had a backup, you could still play it I assume. The DRM just stops it being moved to alternate machines etc. I thought?
 
With all due respect to the OP I call BS on Apple not reactivating the account. I bet if you called support again and explained the situation they would reactivate your account with your new CC number. I highly doubt that you're the first person this has happened to, nor that Apple has a history of shutting down iTunes accounts - the media would have a field day with a policy like that.

Also this:

Purchases made by credit card usually have extra protection. You could check if the card that you linked to iTunes offers any kind of protection, as (in the UK anyway) they are jointly liable for anything you purchase with it.
 
Don't waste your time or money with small claims. iTunes T&Cs (which you agreed to!) state "Apple reserves the right to close accounts".
 
Don't waste your time or money with small claims. iTunes T&Cs (which you agreed to!) state "Apple reserves the right to close accounts".

TOCs don't carry much weight in court precisely because no one reads them. It boils down to whether the condition is reasonable. For instance, Apple could easily add a paragraph that stated something to the effect of "Apple reserves the right to confiscate any property used with this device, including but not limited to notebooks, desktop computers, and pants (specifically jeans)" - but that doesn't mean it's valid. I don't think the OP should go to court either because the right person in the chain of Apple support can easily fix his problem, but don't feel trapped by TOCs, they're only as valid as they are deemed reasonable.
 
TOCs don't carry much weight in court precisely because no one reads them. It boils down to whether the condition is reasonable. For instance, Apple could easily add a paragraph that stated something to the effect of "Apple reserves the right to confiscate any property used with this device, including but not limited to notebooks, desktop computers, and pants (specifically jeans)" - but that doesn't mean it's valid. I don't think the OP should go to court either because the right person in the chain of Apple support can easily fix his problem, but don't feel trapped by TOCs, they're only as valid as they are deemed reasonable.

Thanks for taking the time to write this good perspective milani :)
 
Well 6 years $1000 isn't that much really. Some apps I probably have downloaded for free but to rebuy them they aren't free anymore so that factors into it too. Not to mention any in-app purchases.

I have all the apps, music, etc.. on my hard drive (time machine) so they are backed up. And yes I can play them but I can't update them anymore. So any iOS updates might kill a lot of my apps. Also I just got the iPad 2 and wanted to buy some apps for it but I can't until I figure out what's going on. One apple rep in app support told me to just make a new account and redownload everything. They said it would be free as along as they are stored on my computer. I did that and got charged for rebuying the app. So now they apologized and said they thought it would work and refunded me the $1 I spend to test it. lol.

Yes there is a TOS agreement but that won't hold up in small claims. Apple, or even the credit card company (citibank) is clearly at fault here. I still love Apple and all but it's just bad business to treat a long time good customer like this.
 
Hmm. When I worked complaints for Vodafone, more credence was always given to a complaint that came in a coherent, non abusive letter through the post as opposed to something by email or phone, simply because it shows something has gone so wrong you have taken the time out to mail a letter. Write to Jobs. He won't read it, but he will have a team of well-trained lackeys with high authority for dealing with complaints that people feel so pasionate about they have written to a CEO. Send it by recorded post as well, so you can prove you sent it.
 
Stopped there. Epsilon only has your name and email address, no credit card information.

Troll harder.

Well I can't think of any other way my account was stolen since it happened the same time that happened and my bank was one of the affected companies. Even if that isn't how it happened it sure would be coincidental.

I've been a user here for 5 years and a lurker a good couple of years before that. I have no reason to troll. lol
 
Well I can't think of any other way my account was stolen since it happened the same time that happened and my bank was one of the affected companies. Even if that isn't how it happened it sure would be coincidental.

I've been a user here for 5 years and a lurker a good couple of years before that. I have no reason to troll. lol

I never understood why people end normal sentences with lol.

Anyways hope apple restores your account.
 
When I worked complaints for Vodafone, more credence was always given to a complaint that came in a coherent, non abusive letter through the post as opposed to something by email or phone, simply because it shows something has gone so wrong you have taken the time out to mail a letter. Write to Jobs.

The person I spoke with at Applecare was super friendly and wonderful to deal with. He was very bummed that he couldn't help me because even he admitted to me that it wasn't right what the iTunes store is doing (apparently they are a separate entity he told me that's why it was beyond his control).

I might write a letter. Not sure that would work but I'll give it a go, since I have tried everything else. Thanks all.
 
The person I spoke with at Applecare was super friendly and wonderful to deal with. He was very bummed that he couldn't help me because even he admitted to me that it wasn't right what the iTunes store is doing (apparently they are a separate entity he told me that's why it was beyond his control).

I might write a letter. Not sure that would work but I'll give it a go, since I have tried everything else. Thanks all.

Exactly. We had a department called director relations. Basically, they could override any policy in any department on behalf of the CEO. They didn't deal with anything routine, that was just farmed out to a regular complaints dept.

The guys you speak to by phone are helpful and everything, but pretty junior and powerless.
 
Just a followup. Got a phone call from someone at Customer Relations at Apple Inc. We worked out a compromise and was able to restore my old Apple ID, as well as credited me back anything I purchased with the new Apple ID I had to create. They weren't able to combine my 2 accounts, but otherwise all is well once again.
 
Just a followup. Got a phone call from someone at Customer Relations at Apple Inc. We worked out a compromise and was able to restore my old Apple ID, as well as credited me back anything I purchased with the new Apple ID I had to create. They weren't able to combine my 2 accounts, but otherwise all is well once again.

Good for you. It takes time, but apparently you got your money back.
 
Glad to hear you got your account back. I remember about a year ago when I heard a lot of iTunes accounts were being hacked. I decided right then to remove my credit card. So I started using gift cards.

Well not long after that I got hacked. The hacker purchased apps until they used up my $63 balance. Well since it was an iTunes balance, Apple had to deal with it and refund the money. But they told me if it had been a credit card I would have had to deal with the credit card company. And they would have closed my iTunes account.

So after that I learned to buy $10 gift cards and add one at a time as needed.
So now if I get hacked the most I can lose is $10. If that happens I just let them keep the apps they stole and change my password. There's no way I'm gonna risk losing hundred of dollars worth of purchases.

It always amazes me when Apple brags about how many millions of credit cards they have tied to iTunes account. I feel sorry for those people once they start getting hacked.
 
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