Class action suit claims Apple failed to tell Wi-Fi Assist users about data use

Class action suit claims Apple failed to tell Wi-Fi Assist users about data use
Wi-Fi Assist is a new feature that Apple included with iOS 9. The feature allows someone using a Wi-Fi connection, to seamlessly switch to a cellular network if the Wi-Fi signal becomes too weak. Wi-Fi Assist is turned on by default, which means that there could be many iPhone users who are unaware that their precious data is being used at certain times. If this sounds like a lawsuit to you, you're absolutely right.

A class-action suit has been filed against Apple by plaintiffs William Scott Phillips and Suzanne Schmidt Phillips. The filing indicates that the amount sought from Apple by the entire class exceeds $5 million. According to the suit, Apple did not properly explain Wi-Fi Assist until it was too late. It wasn't until October 14th, nearly a month after iOS 9 launched, when Apple posted a support document explaining how Wi-Fi Assist uses cellular data. In the posting, Apple wrote that most users will see only a small increase in data usage, a comment that the plaintiffs claim "downplays" the amount of data that Wi-Fi Assist users can burn through.

The plaintiffs say that they had to pay overage charges after Wi-Fi Assist appeared with the iOS 9 update on their Apple iPhone 5s units. As a result, they are claiming that Apple violated the California Unfair Competition Law and its False Advertising Law. They add that the tech titan also made a negligent misrepresentation.

The suit was filed Friday in a U.S. District Court in San Jose.


source: AppleInsider

FEATURED VIDEO

27 Comments

1. bucky

Posts: 3791; Member since: Sep 30, 2009

This one I agree with. It's a nice feature but carriers are too stingy with their data and its costs an arm and a leg

3. techperson211

Posts: 1280; Member since: Feb 27, 2014

This one is too valid for apple to deny. $5 million is just a penny for apple to pay.

23. j2001m

Posts: 3061; Member since: Apr 28, 2014

Hm, a Samsung copy feature, that even Samsung was up on not turning it on out of the box, hahahahahahahahahahhahahahahah

4. Awalker

Posts: 1982; Member since: Aug 15, 2013

It should be turned off by default.

24. j2001m

Posts: 3061; Member since: Apr 28, 2014

Yes, even Samsung did not turn this on out of the box, it's the only part that Apple did not copy

2. WakaFlakaD

Posts: 576; Member since: Apr 30, 2011

Damn overages!!! Well, thank God T-Mobile doesn't do that.

5. thowersome

Posts: 34; Member since: Jan 08, 2015

Yeah but simple fix is to get an unlimited plan, but that's only on T-mobile for $80 monthly or if you have a grandfathered plan on other carriers. Can't see why Verizon doesn't pull unlimited everything even though it would start a carrier crisis.

9. tedkord

Posts: 17414; Member since: Jun 17, 2009

Verizon doesn't because that's rather gouge their customers, charging me for data despite LTE being cheaper to deliver than evdo (as spoken by Lowell the Liar McAdams)

11. theguy2345

Posts: 1216; Member since: Jun 24, 2014

No matter what plan you have on T-Mo, there are never overages. They just throttle the data, so you don't get slapped with a huge bill.

20. Larry_ThaGr81

Posts: 592; Member since: May 26, 2011

No kidding!

6. darkkjedii

Posts: 31313; Member since: Feb 05, 2011

The feature hasn't even been available long enough, to have class action lawsuit impact on data.

8. PapaSmurf

Posts: 10457; Member since: May 14, 2012

It's been a month since iOS 9 has launched. If they had data overages because of it, then Apple is at fault here.

16. darkkjedii

Posts: 31313; Member since: Feb 05, 2011

Oh, I agree with that. They are at fault.

21. Larry_ThaGr81

Posts: 592; Member since: May 26, 2011

Agreed!!!

25. j2001m

Posts: 3061; Member since: Apr 28, 2014

The best part is the only thing that Apple did not copy of this Samsung feature is all the warnings and it not being turn on out of the box, hahahahahahaha

26. darkkjedii

Posts: 31313; Member since: Feb 05, 2011

"Hahahahahahaha"? You were really laughing, when you typed that?

7. joevsyou

Posts: 1091; Member since: Feb 28, 2015

LOL. Obviously you are going use your data if you turn on a setting to switch back and forth

10. tedkord

Posts: 17414; Member since: Jun 17, 2009

True. But what I'm seeing is that it's turned on by default, something users might not be aware of until they get socked with a huge bill.

12. bucky

Posts: 3791; Member since: Sep 30, 2009

That's the difference. It should off by default.

17. Planterz

Posts: 2120; Member since: Apr 30, 2012

And come with a warning when you turn it on.

14. 99nights

Posts: 1152; Member since: Mar 10, 2015

The average user doesn't even know about this option. My mum for example, this happened to her.

13. Bernoulli

Posts: 4361; Member since: Sep 01, 2012

Wi-Fi Assist is a new feature that Apple included with iOS 9. The feature allows someone using a Wi-Fi connec Read more athttp://www.phonearena.com/news/Class-action-suit-claims-Apple-failed-to-tell-Wi-Fi-Assist-users-about-data-use_id75053#f6UMAqrgFBuf9Fkp.99 It's definitely not a new feature, I remember older Samsung models having it.

15. Awalker

Posts: 1982; Member since: Aug 15, 2013

It's a new feature added to iOS.

18. xondk

Posts: 1904; Member since: Mar 25, 2014

Yeah....turning on by default a feature that can cost your users money....that's quite a bad call there, patch it, pay up, and move on.

19. MrElectrifyer

Posts: 3960; Member since: Oct 21, 2014

Hahaha, perfect example of why I say them data tracking apps on iOS are an epic fail; they can't turn of the data. - still gotta jailbreak to accomplish such simple thing, - or keep worrying about data while browsing online content, - or remain ignorant of your overages and watch the bill take off Maybe after this Apple will finally add such key feature for data hungry SmartPhones...

22. Larry_ThaGr81

Posts: 592; Member since: May 26, 2011

I'm willing to bet that the consumers mentioned up above simply wanted the charges removed and Apple initially said no way. As a result it lead to a lawsuit.

27. 47AlphaTango

Posts: 734; Member since: Sep 27, 2015

I know it's apple's fault. But paying $5M for the data charges? Apple would only pay for the data damages plus the inconvenience the company which may amount to less than $50,000.

Latest Stories

This copy is for your personal, non-commercial use only. You can order presentation-ready copies for distribution to your colleagues, clients or customers at https://www.parsintl.com/phonearena or use the Reprints & Permissions tool that appears at the bottom of each web page. Visit https://www.parsintl.com/ for samples and additional information.