Apple’s iOS9 Feature Provokes $5 Million Class Action Suit

On October 23, 2015, a class action lawsuit, Phillips v. Apple Inc., was filed in California federal court against Apple over the company’s new mobile operating system, iOS9. The plaintiffs in the action allege that the company did not adequately warn users that its i0S9 default feature, called “Wi-Fi Assist,” caused devices to switch automatically between using wi-fi and mobile data. Consequently, the plaintiffs in the litigation contend that the default setting, which leads to more cellular data usage and higher monthly bills, negatively impacts consumers.

Apple maintains that the feature was intended to enhance users’ iPhone experience. However, the plaintiffs argue that Apple mislead customers by making Wi-Fi Assist a default setting, and also claim that the company violated California’s Unfair Competition Law and False Advertising Law. Plaintiffs also assert that excessive data charges that ensued from the new default feature resulted in over $5 million in damages.

Apple has since posted instructions to its website advising users how to turn off the default Wi-Fi Assist feature.

The case is: Phillips v. Apple Inc., Docket No. 5:15-cv-04879 (N.D. Cal.).

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