SAN JOSE, Calif. (Legal Newsline) — Two residents of Edgewater, Florida are suing Apple over its Wi-fi Assist app.
William Scott Phillips and Suzanne Schmidt Phillips, on behalf of themselves and those similarly situated, filed a class-action lawsuit in the U.S. District Court Northern District of California, San Jose Division on Oct. 23 against Apple, Inc., alleging that the company violated the California Unfair Competition Law and California False Advertising Law, as well as committed negligent misrepresentation.
The Phillips allege that Apple’s failure to adequately disclose and represent the true nature of its Wi-Fi Assist included in the recently released iOS 9 operating system resulted in usage of cellular data on their cell phones.
Specifically, the plaintiffs allege that Apple failed to fully disclose that if Wi-Fi Assist is left activated it will allow the phone to automatically switch to using cellular data. In addition, Apple allegedly 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. This is especially true as there is no warning or disclosure when the phone switches from Wi-Fi to cellular data, according to the plaintiffs. The plaintiffs also allege that they were unaware that a simple upgrade to the operating system – as recommended by their iPhones – could result in their devices silently switching over to cellular usage.
The Phillips are suing for damages, injunctive and declaratory relief, court costs, and any other rewards deemed just by the court. They are represented by Michael McShane and Jonas P. Mann of Audet & Partners, LLP in San Francisco, California; Robert K. Shelquist and Rebecca A. Peterson of Lockridge Grindal Nauen, PLLP in Minneapolis, Minnesota; Charles J. LaDuca of Cueno Gilbert & LaDuca, LLP in Bethesda, Maryland; D. Aaron Rihn of Robert Peirce & Associates, PC in Pittsburgh, Pennsylvania; William H. Anderson of Cueno Gilbert & LaDuca in Washington, DC; and Joseph Bellissimo, Jr. of Bellissimo & Peirce in Ellwood City, Pennsylvania.
U.S. District Court Northern District of California, San Jose Division Case number 5:15-cv-04879-HRL