Early in September, Ohio resident Noam Lezebnik sued Apple Inc. (NASDAQ:AAPL) for falsely marketing the entire 16-episode final run of Breaking Bad as a single season but refused fans access to the eight final seasons of Breaking Bad.

Mr Lezebnik sued Apple Inc. (NASDAQ:AAPL) for breach of contract and violation of the California Consumer Legal Remedies Act. He argued that he and other consumers paid between $13.99 and $21.99 for they were mislead by Apple's marketing claiming that all Breaking Bad final season videos available for download were "all current and future episodes."

However, after downloading, Breaking Bad fans found that they would have to pay additional amount to access the final eight episodes.

The misleading marketing by Apple was sparked by AMC's decision to release the final season of Breaking Bad in two instalments with eight episodes each instalment.

Mr Lezebnik further argued that the AMC Network Inc had referred to the fifth season of Breaking Bad as the "final season" as can be proven by official press releases and Web site advertorials. AMC had also labelled the latter batch of Breaking Bad seasons as "Season 5, Episode 9," etc. He claimed that creators and writers referred to the fifth season as "Part 1" and "Part 2" but they have never referred to the instalments as separate seasons.

Breaking Bad fans who downloaded videos from Apple were surprised that the company had considered the instalments as different seasons and had refused fans the access to the final eight episodes for the summer.

On Tuesday, Sept 24, Apple Inc. (NASDAQ:AAPL) apologised to those users who ended up downloading and paying for "season pass" videos of "Breaking Bad." The company offered the aggrieved customers an equivalent store credit as their way of apology.

"We apologize for any confusion the naming of 'Season 5' and 'The Final Season' of Breaking Bad might have caused you. While the names of the seasons and episodes associated with them were not chosen by iTunes, we'd like to offer you 'The Final Season' on us by providing you with the iTunes code below in the amount of $22.99," Apple wrote in an email address to the Breaking Bad fans.

"We certainly see this as a positive development in response to the class action lawsuit filed by Dr. Lezebnik. We're excited about those refunds, and feel it is a great outcome for consumers," plaintiff's counsel Nicholas DiCello of Spangenberg Shibley & Liber LLP told Law360 on Tuesday.

As for Mr Lezebnik cases against Apple Inc. (NASDAQ:AAPL), Mr DiCello said they would just have to see what the company will do next.