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Apple in 5M Class Action Lawsuit over a new iPhone feature

Oct 26, 2015 11:30 PM EDT

Apple seems to be dominating the news again. This however is not because of a new device being developed or a product launch. It looks like they are again in another lawsuit, this time they are facing it over a new feature of the iPhone. The said iPhone feature is the iOS 9's Wi-Fi Assist feature. It is launched to help improve internet access when the Wi-Fi signal is weak.

This feature however was faced with criticisms as users are left having to deal with cellular data limit issues. The said iOS 9 feature has been switched on by default without users knowing, this lead to them incurring large data bills which they thought are relying on Wi-Fi  only.

Among these users is a couple from California who has sued Apple after having received an overcharged bill. The couple filed a 5M class action lawsuit because of the feature being enabled in every iOS 9 devices. The lawsuit also stated that there is a possibility that the total damages cost might exceed $5M.

Apple has updated their website, after receiving the first round of complains to make it clear to their users that the iOS 9 Wi-Fi Assist feature may use more cellular data once it is turned on. Apple also claims on their site that the cellular data used is still considerably only a percentage higher than the previous usage.

However, the lawsuit filed against Apple argues that this announcement is not enough. The advice posted downplays the issue of a possible data overcharge that a user can incur and that the reasonable and average users use their iPhone devices for running applications and streaming music and videos; all of which can use a significant amount of data. Because of this, the lawsuit charged against Apple is of negligent misrepresentation with breaching California's Unfair Competition Law and False Advertising Law.

It is noted that Apple is not the only company that has a feature like the Wi-Fi Assist. Other companies like Samsung, HTC, and LG all have similar features added to their own phones; none of them though has any similar lawsuit filed against them.

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