A Florida-based couple has filed a class action lawsuit against Apple, claiming that the iPhone-maker didn't clearly explain how the WiFi Assist feature in iOS 9 affects cellular data consumption. The couple has accused the company of violating California's Unfair Competition Law and False Advertising Law, as well as of negligent misrepresentation, and is demanding $5 million in damages.
The feature in question allows your iOS device to quickly switch over to cellular data if the Wi-Fi it's currently connected to isn't strong enough. The feature is turned on by default. The couple has alleged that the feature has resulted in higher-than-usual usage of their cellular data plans (although they didn't specify the exact amount), and now want Apple to compensate for the same.
It's worth mentioning that the Cupertino-based company had later updated its website explaining the feature, but the lawsuit alleges that wasn't enough as the damage was already done. "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." If you aren't already aware, you can turn the feature off by heading to Settings -> Cellular on your device. However, keep in mind that older iOS devices like the iPhone 4S and the iPad 2 are out of luck as they do not have this option.
