Apple is yet again facing a class action lawsuit and this time it is over one of its new iOS 9 feature. A California based couple has sued Apple for not warning its users that the new Wi-Fi assist feature eats huge chunk of cellular data.
The suit alleges that after upgrading to iOS 9 both of their iPhone 5s units saw overage charges because they had unknowingly breached their data limits. The couple claims that because some users don’t understand how the feature works, it caused them to use more data than they were expecting. They believe that the damage “exceeds” $5 million because of the sheer number of potentially affected customers.
“Defendant’s above corrective action, however, still downplays the possible data overcharges a user could incur. Reasonable and average consumers use their iPhones for streaming of music, videos, and running various applications — all of which can use significant data. Defendant’s corrective statement does not disclose any basis for its conclusion that an average consumer would not see much increase in cellular usage.”
reads the lawsuit.
Apple’s Wi-Fi Assist feature is designed to start acting immediately when an iOS device, such as an iPhone or iPad, determines that the connection to a wireless network is unsatisfactory. Apple is accused of violating California’s Unfair Competition Law, the state’s False Advertising Law, and of negligent misrepresentation. In order to turn down Wi-Fi Assist, iOS 9 users must go to Settings app and select Cellular then scroll to the bottom to find the toggle button.