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Nation/World

January 16, 2014

Apple will refund at least $32.5M in app case

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Apple will have until Mar. 31 to come up with a billing system that ensures the company obtains consumers’ informed consent before billing them for in-app purchases.

The settlement involves all apps in which minors made unauthorized purchases.

It addresses the same issue raised in a class-action lawsuit that Apple resolved last year. In that case, Apple agreed to contact 28 million of its app customers to offer them a $5 store credit or a $30 cash refund if their children had spent at least that much money without parental consent. The deadline for filing a claim was Monday.

That settlement resulted in about 37,000 claims, according to a memo that Apple CEO Tim Cook sent to company employees Wednesday to discuss the FTC’s rebuke.

“It doesn’t feel right for the FTC to sue over a case that had already been settled,” Cook wrote. “To us, it smacked of double jeopardy.”

Cook said the Cupertino, Calif., company relented to the FTC because the consent decree “does not require us to do anything we weren’t already going to do, so we decided to accept it rather than take on a long and distracting legal fight.”

Apple has taken a series of steps in the past few years to ensure its app store is a “safe place for customers of all ages.”

Apple’s app store is a gold mine for software developers and the company, which charges a 30 percent commission on the transactions. Apple says its customers spent more than $10 billion on app transactions last year. That figure includes the price charged by some apps for the software, as well as revenue from purchases while playing a game or for some other extra service.

Children’s applications sold in Apple’s store generated about 44 percent of its revenue from purchases made while using the software during November, according to the latest data from the research firm App Annie. The remaining revenue came from upfront fees required to download some children’s apps from Apple’s store.

In the FTC case, the $32.5 million payout is a minimum. As part of the settlement, Apple must pay full refunds to consumers for kids’ unauthorized purchases, so that figure could climb. If it doesn’t rise to $32.5 million, the difference would be paid to the FTC, Ramirez said.

Apple is the world’s most valued company as measured by market capitalization.

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