This means that there could be millions of people who paid $4.99 to view an HD version of a movie or television show on a device that doesn't support HD. In his complaint, Weiselberg says that Apple violated consumer protection laws and should compensate him and all of the others who needlessly spent the extra buck for an HD version of the movie or show that they wanted to view.
According to the filing, iTunes could detect if a device plays only Standard Definition, but it claims that Apple sold HD versions on purpose to make the extra money. The filing does not ask for a specific dollar amount, but notes that Apple sold 49 million units of the older models. The filing accuses Apple of fraud, unjust enrichment and violating consumer protection laws.
source: Scribd via GIGaom