On Friday, Apple Inc. was hit with a class action lawsuit filed in California federal court alleging the latest iOS 9 update can cause customers to experience overage charges by automatically switching from Wi-Fi to a network data connection.

According to the iOS upgrade class action lawsuit, Apple failed to inform users that the “Wi-Fi Assist” application included in the recently released iOS 9 is automatically activated and allows iPhones and iPads to automatically switch from Wi-Fi to cellular data, using up customers’ data plans without their knowledge.

The iOS upgrade class action lawsuit alleges that Apple intentionally selected to have the Wi-Fi Assist feature activated by default and chose not to inform consumers that they may be subject to data overcharges if they do not have an unlimited data plan.

“Instead, consumers were informed by news articles and blogs that there was a need to deactivate the Wi-Fi Assist,” the Apple class action lawsuit says. “It was not until after the flood of articles, comments and complaints online that Apple issued a statement on October 2, 2015 on Wi-Fi Assist, including how it works and that the default setting is activated.”

Plaintiffs William Scott Phillips and Suzanne Schmidt Phillips allege in the Apple class action lawsuit that they upgraded two iPhones 5S to the new iOS 9, and that they were unaware that the upgrade to the new operating system would automatically activate the Wi-Fi Assist feature on their phones. They subsequently experienced data overuse charges by their cellular service provider, according to the Wi-Fi Assist class action lawsuit.

According to the plaintiffs, Apple customers often use their iPhone and iPad devices to stream music, videos and other applications that can use significant data if the device is not connected to Wi-Fi. “Plaintiffs did in fact incur overuse charges on both of their iPhones and were not informed when their device would switch between Wi-Fi and cellular data due to the addition of Wi-Fi Assist on their iPhones,” the Apple class action lawsuit says.

By filing the Apple class action lawsuit, the plaintiffs seek to represent two Classes of iPhone users: a Purchaser Class and an Upgrade Class.

The Purchaser Class would include “all persons or entities in the United States who purchased an iPhone or iPad with a cellular data plan with iOS 9 pre-installed for purposes other than resale or distribution.”

The Upgrade Class would include “all persons or entities in the United States who upgraded an iPhone or iPad with a cellular data plan to iOS 9.”

The iOS 9 class action lawsuit accuses Apple of violating California’s Unfair Competition Law and False Advertising Law, and brings forth a charge of negligent misrepresentation.

The plaintiffs are represented by Michael Andrew McShane of Audet & Partners LLP.

The Apple Wi-Fi Assist Class Action Lawsuit is Phillips, et al. v. Apple Inc., Case No. 5:15-cv-04879, in the U.S. District Court for the Northern District of California.

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