Apple's new Wi-Fi Assist feature in iOS 9 is supposed to help people have a better data experience on their iPhone or iPad by switching to a cell network if the device gets a weak Wi-Fi signal. However, a recently filed class-action lawsuit against Apple claims the company did not move fast enough to explain how to turn off the feature in order to help others avoid large cellular data charges.
AppleInsider reports that the lawsuit was filed on Friday in U.S. District Court in San Jose, California. The two plaintiffs in the case, William Scott Phillips and Suzanne Schmidt Phillips, claim they both incurred unnamed overage charges on their data plan when they updated their iPhone 5s smartphones to iOS 9. They claim Apple did not post up any information about how Wi-Fi Assist could cause some overuse of cellular data until a few weeks after the launch of iOS 9:
"Defendant's above corrective action, however, still downplays the possible data overcharges a user could incur," the suit reads. "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."
The plaintiffs claim Apple has violated California's Unfair Competition Law and its False Advertising Law. They want Apple to pay back any overage charges that they claim are due to the use of Wi-Fi Assist, which they believe is over $5 million. Apple has yet to respond to the lawsuit.