The problem doesn't necessarily lie in the new pricing itself, but that iTunes didn't retract or sell all of the old iTunes gift cards before switching the pricing strategy to the three-tiered $.69, $.99, $1.29 pricing.

These older gift cards still say that price per song is just $.99, thus creating a situation for false advertisement when many songs are now $1.29. The Illinois couple has also asked that the lawsuit be granted class action status and that Apple return the $.30 difference for every song that was purchased through the use of a gift card.
Ironincally, the couple didn't complain one bit about the songs that were priced at $.69, and is not seeking that Apple charge everyone an extra $.30 that used a gift card to purchase the cheaper songs. Apple has yet to comment on the lawsuit.