Florida Couple Sued Apple $5 million due to Wi-Fi Assist's misleading charges

William Scott Phillips and Suzanne Schmidt Phillips, a couple from Florida, slapped Apple for $5 million in a class-action suit on Friday claiming that the tech giant's Wi-Fi Assist featured in the iOS9 is a misleading feature that leads to higher data charges.

According to Re/code, the Phillips filed the suit in the US District Court in San Jose. They accused Apple of misrepresentation, deceptive business practices, and false advertising.

The couple seeks class-action certification claiming that other consumers have also been harmed by iOS 9's latest feature, according to Mashable. The suit alleges Apple of not fully explaining how the new Wi-Fi Assist works. There were no concrete warnings that if the wireless connection is weak, the phone will automatically use the cellular data. This leads to blown data caps and higher bills, most consumers complained.

Apple Insider explains the new feature writing that once the users update to iOS9, Wi-Fi Assist turns on by default. It ensures a seamless internet experience. Some who are not familiar with how Wi-Fi assist works claim that it caused them to use more cellular data that what they have expected and the action suit demands Apple to reimburse the costumers for the additional fees they paid because of it.

Apple added more information regarding Wi-Fi Assist in their website after a "flood of articles" against it, but the complainants said it was too late.

"Defendant's above corrective action, however, still downplays the possible data overcharges a user could incur," as written in the lawsuit. "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."

The $5 million damage claim is the minimum threshold for a class-suit in a federal court.