Allege new on-by-default Wi-Fi Assist feature blows through data caps
A Florida couple last
week filed suit against Apple in a federal court, claiming that a new feature
in iOS 9 caused them to exceed their wireless data cap, filings showed.
The plaintiffs asked a
San Jose, Calif. federal judge to make the case a class action lawsuit, which
if granted would allow other Americans to join in suingApple.
In a complaint filed
Oct. 23, William and Suzanne Phillips charged that Apple did not notify iPhone owners
that the upgrade to iOS 9 -- which was released Sept. 16 --
included the Wi-Fi Assist feature. Wi-Fi Assist was designed to switch to a
cellular connection if a local Wi-Fi signal was spotty or weak.
Wi-Fi Assist is enabled
by default on iOS 9.
"Defendant failed
to disclose to consumers that this automatic switch to cellular data caused by
an activated Wi-Fi Assist (the default setting) may result in exceeding the
data capacity allowed under their phone plans," the Phillips' lawsuit charged.
"This is especially true as there is no warning or disclosure when the
phone switches from Wi-Fi to cellular data."
"Defendant failed
to disclose to consumers that this automatic switch to cellular data caused by
an activated Wi-Fi Assist (the default setting) may result in exceeding the
data capacity allowed under their phone plans," the Phillips' lawsuit
charged. "This is especially true as there is no warning or disclosure
when the phone switches from Wi-Fi to cellular data."
When Wi-Fi Assist kicks in, the Wi-Fi icon in iOS 9's status bar
-- at the top of the screen -- disappears, and only the icon for the cellular
connection shows.
William
and Suzanne Phillips said that they had exceeded their mobile plan's data
allowance, but did not specify by how much or what overage fees they paid.
Their lawsuit asked that Apple pay all members of the class action -- if the
case was rated as such -- both actual and punitive damages. The suit alleged
that Apple violated several laws, including ones banning false advertising and
misrepresentation.
Apple posted a support document explaining Wi-Fi Assist on Oct. 2, the lawsuit stated. The
document included the line, "For most users, this should only be a small
percentage higher than previous usage," referring to additional cellular
data.
Wi-Fi Assist can be toggled off in the Settings > Cellular area of iOS 9.
The
couple's lawyers said that was too little, too late. "Defendant's
corrective action, however, still downplays the possible data overcharges a
user could incur," the lawsuit alleged. "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."
Wi-Fi
Assist has had a mixed reception since its debut last month, with numerous blogs
and media reports pointing out its double edge. iPhone users complained about
the new feature on social media, while some took to Apple's support forum to
ask if those reports were accurate.
The
feature can be disabled in iOS 9 by going to Settings, tapping Cellular, then
toggling Wi-Fi Assist near the bottom of the list.
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