Santa Clara, CA: Apple Inc, is facing a consumer fraud class action lawsuit alleging the tech giant misled customers about the risks associated with its Wi-Fi Assist feature in the new iOS 9 mobile operating system. Specifically, those risks are that the feature causes massive overages because it switches devices from network data from a Wi-Fi connection.
The lawsuit contends that "pecifically, although Apple ensured that the Wi-Fi Assist application is installed on the phone as automatically activated, Apple failed to full[y] disclose that if Wi-Fi Assist is left activated, it will allow the phone to automatically switch to using cellular data."
Filed by named plaintiffs Suzanne Schmidt Phillips and William Scott Phillips of Florida, the lawsuit states that the feature, which is on by default, can result in massive data overages affecting people on limited data plans.
The update was launched in September, and since that time, the plaintiffs allege, there has been a "flood of articles"from the Washington Post and other publications concerning the update. It was as a result of those articles that Apple released a statement saying that most users would see data use "only a small percentage higher than previous usage,"the suit states.
That company statement fell short for the plaintiffs, who cited multiple tweets and media reports about the large overages customers could generate by unknowingly using their cellular data plans. "Reasonable and average consumers use their iPhones for streaming of music, videos and running various applications, all of which can use significant data. [Apple'] corrective statement does not disclose any basis for its conclusion that an average consumer would not see much increase in cellular usage,"the complaint states.
The suit seeks class status for two groups of iPhone and iPad owners, those who have bought devices for use since the update, and those who already had a phone that was updated. The class is suing for negligent misrepresentation, false advertising and violation of California' unfair competition law.
The putative class is represented by Michael Andrew McShane of Audet & Partners LLP. The case is Phillips et al. v. Apple Inc., case number is 5:15-cv-04879, in the United States District Court for the Northern District of California.
Apple Hit with Class Action for Wi-Fi Assist Data Overages Legal Help
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I saw it on news then I knew why my data was been eat
Posted by Geoff Johnson
on
We were travelling in Europe so we turned off Mobile Data. When we came back we found a $700 bill. Called AT&T who (a) couldn't explain the bill at first as we had multiple charges for the same time periods on the same days and (b) couldn't find how to turn off the stupid thing. When we stepped off the plane in London, the phone immediately did a 20 MB upload to apple even with mobile data turned off.
Posted by Robert Bruno
on
I have had same problems, hit with overages for burning through all kinds of cellular data which we never had a problem with before ios9! How do we get on board with this lawsuit?
Posted by Dianne st Clair
on
I have had the same thing happen. We usually had data minutes roll over. Then I noticed that we began to use up our roll over min. Then I began getting charged for overages.
Posted by Angela Apon
on
For many months our phones have been unusually chewing through data without explanation. I have spent hours on the phone with AT&T because of all of the ridiculous overage charges. Its insane. At one point I even added another 10GB to our plan and still repeatedly would be charged with outrageous data overage fees. Something didn't make sense. I am getting onboard. This is robbery!
Posted by Dave
on
Same here, my daughter has a measured data plan, never went over her data. With the recent update where this was added I kept getting notices that she was over her usage. I could not find out how, till I Google this issue and was told to turn it off. Now she back to her normal data usage.
The problem is no one, is willing to reimburse for the over usage.
Posted by Linda Greaves
on
I had the same issues
Posted by Stacy999
on
My family gets hit with these charges all the time. How can me as the end user REALLY keep track of the amount of dada we use.
Posted by Scott Schultz
on
same problem with four phones on one account. AT&T says that this is not their problem.
Posted by Dan Curran
on
I too, am Apple IPhone and IPad user. I've done the same thing by turning off just about all notifications on my devices. It's sad that Apple has to be a data hog. Hopefully, some resolve will result from this legal action.
Posted by Dave
on
I fortunately have unlimited data, however my daughter does not. She foes over her data every month, even when she barely uses the phone. The i-phone is a data hog and the carriers (AT&T, Sprint, T-Mobile, ETC), love this as it guarantees that they get over usage on I-phone users. I have even purchased AT&T Smart limits and it does not work to prevent data over-usage.
I even went into the phone settings and turned off 90% of data using apps. and still over usage every month.
Posted by Madeline
on
I have my iphone 6 plus for over a year with the same amount of dl icons and with the new updates of the ios9 NOW an alert tells me that i do not have enough storage to do a back up. I refuse to add more storage and pay for it when in dact that they added two new icons tgat are automactically added to my phone and i gad to disable it. I cant dl any new app if i wanted too and i deleted a few off and it still tells me I do not have enough storage.. This is obsurd and i have disabled many apps because i feel that i do not need to share where im going or where i have been, Each time a new update , it will take up some space and battery life goes quickly because of fb..
Posted by alicia ferdula
on
i am an apple iphone user
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