Apple Inc. (NASDAQ:AAPL)’s default suggestion for buying HD video when a user buys video content from iTunes store, has landed the iPhone maker in trouble.

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Apple accused of duping users

A class action lawsuit has been filed against Apple Inc. (NASDAQ:AAPL) by a Florida lawyer, Scott Weiselberg after discovering that he was sent a more expensive HD copy of Adam Sandler’s Big Daddy from the iTunes store in 2010, even though he owned a non-HD device. The lawyer states he was tricked to pay $4.99 for high-definition version even though his iPhone 3GS did not support playback of HD content, and an SD version of the same was available for $3.99.

When a user visits iTunes to make a purchase, the default option presented to him/her is of a more expensive HD content, US $1 extra. The default suggestion is despite the fact a user using an iOS device that doesn’t support HD.

However, to some extent a principal of “buyer beware” can be applied here, the reason being fast changing technology. But in this case, HD became the default option in the iTunes store in 2010 when iTunes 8.0 was released, forcing many buyers to pay an extra dollar for a feature that they cannot use and were not aware of. HD was made the default option in original iPhone, iPhone 3G, iPhone 3GS and iPod Touch.

What the lawsuit says?

Scott Weiselberg filed the class action lawsuit, in June, at the San Francisco federal court accusing Apple Inc. (NASDAQ:AAPL) of violating consumer production laws and duping users to pay $1 more for HD videos. Weiselberg’s is asking Apple to compensate all the users who paid $4.99 to download HD movies even though their device do not support the feature.

As per the complaint, iTunes is equipped to recognize a SD-only device, even then Apple Inc. (NASDAQ:AAPL) offered the HD version to earn a little more money. The lawsuit, further states that Apple Inc. (NASDAQ:AAPL) sold over 49 million of the older devices. Though the complaint did not gave a specific dollar amount, it says “millions” of consumers downloaded HD videos to SD devices.

The complaint states:

“Despite the fact that Apple Inc. (NASDAQ:AAPL) makes the HD version of the content offerings the default rental option, Apple failed to disclose to customers using SD Apple mobile devices that the device could not play the HD content being rented, and that the customer was needlessly paying the premium for the HD option.”