Inadvertent $1500 in app purchase Tap Zoo - warning!

My young cousin played some free games on my girlfriend's iPhone and somehow managed to purchase Tap Zoo (it must have logged in beforehand). Within this game, players can buy gold coins which I understand buys animals.

My cousin who is 8yrs old proceeded to make nearly AUD$1500 worth of purchases of these gold coins within the app, without any need for password or any warnings. Remember this game is designed for children.

I checked the developer's website and it appears they have acknowledged they have done the wrong thing and have supported people to seek refunds.

We have emailed iTunes support OVER 48 hours ago and no response. Can someone recommend what we can do as this is a lot of money and our credit card has been cancelled because the bank thought it was a suspicious purchase.

I have posted link to Streetview Labs - please be careful and don't let your kids play this till the developer fixes the problem which is over 10 days old and doesn't seem to be fixed yet.

*Any advice on how to get iTunes to respond all we have is an email and it has been 3 days since the first email we sent.*

iMac 21.5, Mac OS X (10.6.2)

Posted on Sep 22, 2010 6:08 AM

Reply
477 replies

Feb 3, 2013 12:51 PM in response to mazstar

i have a daughter, she was younger when this discussion started of course, but either way...she has never bought, tried to buy, accidentally bought, on purpose bought, defied my rule to never buy....blah blah blah any game, in app purchase, etc. as a matter of fact, she has her own iphone, her own ipod and her own itunes and app store account and this has never been a problem. my wife and i laid down the rules of her having an iphone, ipod, app store and itunes store account. she follows them because she is trustworthy. she is a very cool kid, does her own thing, but knows there are rules. we have not had this problem and she is happy with her idevices. she never buys anything without asking, she is fine with me controlling her itunes/app store account. i can only think that anyone that is complaining here has a kid that doesn't listen, or feels bad that they didn't explain the rules to their children before it was too late.

Feb 3, 2013 12:52 PM in response to deggie

It is true and is exactly why Apple provides a refund the first time. After Apple provides the refund and then walks the customer through the restriction process, they can then prove the customer was aware of how the default settings work. I would guess they have already run the numbers on whether to adjust the settings and have concluded it would be more profitable to just refund the money the first time. This way no one can file a lawsuit because there was no loss associated with Apple's negligent default settings, because they refunded it.


If anyone takes your credit card information and makes purchases with it, your bank is legally obligated to refund your money on demand. This is why all financial institutions are set it up so they can reverse the charges if they choose to (They can choose whether or not to take it from the merchant, but they must refund the customers money). I have personaly had this happen and although the bank was not thrilled, they reimbursed hundreds of dollars into my checking account. It doesn't matter if a stranger or a family member uses your credit card information, it's the same. If it was not you making the transaction and you claim it was also unauthorized there forced to by law, unless they can prove it was you.


I have been both merchant and customer in cases like this. Both parties have an equal responsibility. I know you believe Apple can do no wrong, but in this case they are negligent and they know it, or they would be refunding a penny.

Feb 3, 2013 1:00 PM in response to tonefox

I was able to download, install, and play the game without ever being warned. These developers are so crafty with pop ups for in app purchases specifically timed for the first 15 minutes, maybe they could program a warning to pop up prior to downloading. Or, they could just allow the customer to go to a drop down window and upgrade. If it's good for the goose?


I was pretty sure a disclaimer was in there somewhere, but I wanted to see if it was readily available and apparent prior to downloading and playing the game. Which it was not!

Feb 3, 2013 1:01 PM in response to tumbleweed555

If your relative makes an unauthorized use of your credit card, and you are timely in your notification, you are correct. The authorities will also prosecute your relative for the crime they committed.


I believe Apple and the app developers along with Amazon, cable companies, satellite companies, telephone companies, etc. are operating in good faith. I also believe in personal responsibility. You don't so you need to start a political campaign to outlaw everything you think is illegal, immoral and absurdly priced. I wish you no luck whatsoever.

Feb 3, 2013 1:14 PM in response to deggie

"You are correct that both parties have a responsibility, but they are not equal. If a minor takes the credit card from your wallet and uses your computer account to purchase goods 'how is it reasonable that the merchant would know this?' The law voids the contract if a reasonable person would have known that the purchaser was a minor or otherwise incapable of entering into a contract."


i am not a lawyer but have some experience as a small business oner.


the problem with that phrase will mean the merchant will have to be able to show they have personally taken 'reasonable precautions'. While the disclaimer might have been read by the owner many one time buy apps won't have them - and memory fades which is not negligence on the gadget owners part.


if you agree with this, then i think you can accept it is unlikely likely a child let alone another adult would read looking through every app for these disclaimers.


The app is hyped as 'free' which to try buy it is. The app vendors know full this is happening and done nothing to stop it. Apple have gone some way but need ti go another mile. until that happens and i suspect rogue vendors will turn a blind eye until someone challenges it in a court.


Very expensive to do with no guarantee to get costs, so the losses could be to high for small amounts.


Add in that laws are riddled with this term, it is a personal judgement bound within a legally enforceable ramification. a classic example is the 'Heath and safety at work act' it says take "to take reasonable precaution", but reasonable is not quantifiable resulting in wearing full protective gear in the middle if a field, not being allowed to use steps on a building site, even though you have a firm proving training in their use, and insurrance.

Feb 3, 2013 1:17 PM in response to deggie

It is there. It's just tucked nicely away underneath several great ratings. Why don't they put it at the top, or in a pop up. Oh right, then nobody would download the app and they couldn't steal money from unsuspecting customers. I see your point.


First it was my spelling skills and now it's my reading skills. You have successfully discredited everything I have posted. You are brilliant!!! Now your in the same boat as Csound1. If you can't say anything insightful, just pick up some rocks and start throwing. It wasn't my intention to upset you so much. I am sorry. Take your xanax you'll feel better.

Feb 3, 2013 1:17 PM in response to tumbleweed555

You are actually over two years late to this argument. We have covered everything and I have honestly answered all of your questions, including the fact that I don't work for any of these developers, Apple or anyone else involved. We have obvious political differences. But I don't think any of them are in bad faith, any more than General Foods who target children for cereals, Disney who sells them movies, TV shows, movies, and these apps.


I have also told you I don't care for them and don't have them. But others love them and it is not my place to deprive them of playing them.


Every once in a while someone else will add to this thread but it isn't many people so I guess the vast majority of parents are responsible which is a good thing. Again if you think this is robbery contact the local authorities and contact your representatives and ask for laws to be passed. And again, I wish you no luck.

Feb 3, 2013 1:27 PM in response to tumbleweed555

tumbleweed555 wrote:


Now that's censorship and nanny state type behavior. Wouldn't you agree deggie? Or you just want open and free markets, but speech sensorship is ok? As long as it doesn't effect the app developers, right.


Hi again, sorry but couldn't resist


You are in Apples house, you agreed to Apples rules, once again having agreed to them you don't approve of them. See a pattern here?


Don't agree to terms you don't agree with.

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Inadvertent $1500 in app purchase Tap Zoo - warning!

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