Last week, a California couple filed a lawsuit against Apple over an on-by-default feature which automatically switches iPhone's data connectivity from Wi-Fi to mobile data if the WiFi connection is too weak.
The iPhone's Wi-Fi assist feature comes with Apple's iOS 9 update, released on Sept. 16.
According to Computer World, the plaintiffs of the case identified as William and Suzanne Phillips, asked a San Jose, Calif. Federal judge to make the case a class action lawsuit, which would allow other iPhone users to join the case and sue Apple.
"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 couple's lawsuit against Apple indicated.
"This is especially true as there is no warning or disclosure when the phone switches from Wi-Fi to cellular data," the lawsuit read.
Due to the lack of notice when the Wi-Fi connection switches to mobile data, William and Suzanne Phillips' internet consumption exceeded their mobile data plan's allowance. This then resulted to additional charges from their service provider.
The couple's lawsuit charged Apple with false advertising and negligent misrepresentation due to the said Apple iOS 9 update.
If the federal judge rates the case as a class action, parties that joined the couple in the case, Apple should pay their excess mobile data fees.
Although Apple posted on Oct. 2 a document that explains its Wi-Fi assist feature, stating that users would only see a small increase on the average usage of cellular data, the plaintiff's lawyer said it "downplays the possible data overcharges a user could incur."
"Reasonable and average consumers use their iPhones for streaming of music, videos and running various applications -- all of which can use significant data," the lawsuit stated. "Defendant's corrective statement does not disclose any basis for its conclusion that an average consumer would not see much increase in cellular usage."
According to The Guardian, Suzanne and William Philipps alleged the total potential damage brought by Apple's iOS 9 update exceeds $5 million.
