Dabaghian v. eMusic.com, No. 651794/2013 (Sup. Ct., N.Y. Co. filed 5/20/2013).
Plaintiff brought a class action for breach of contract, breach of warranty and violations of N.Y. Gen. Bus. Law. Plaintiff alleges that eMusic sells music download cards that represent that a specific number of songs can be purchased for a fixed price. Plaintiff allegedly purchased such a card that advertised 30 songs for $15. However, plaintiff allegedly was only able to download 16 songs before the card was depleted. Plaintiff alelges that eMusic failed to disclose it had switched to a monetary based credit system where each song is individually priced. Under this system, a song may cost 89 cents, and allegedly only rarely costs 50 cents. Accordingly, Plaintiff alleges it is impossible to purchase 30 songs for $15.