New iOS9 feature cause for $5 million lawsuit against Apple

(AP Photo/Ringo H.W. Chiu, File)

A California couple is suing Apple and seeking $5 million in damages claiming the company failed to warn consumers about a new software feature  on iPhones that could be costly, according to court documents obtained by Action 2 News.

If you’re an iPhone user, chances are you’ve noticed a number of new changes with the latest iOS9 software update.

Among those changes is an automatically activated feature called WiFi assist that claims to speed up internet speeds.

The feature switches users with a slow WiFi connection to cellular data, which can, in some cases, be faster. However, despite any benefit of faster internet speeds, this can cost extra money for those who do not have an unlimited data plan with a cellular phone provider.

Apple says the increased cost is minimal and consumers have the capability to easily disable Wi-Fi Assist by going into settings, selecting cellular, and then scrolling down and tapping on the toggle next to Wi-Fi Assist.

However, plaintiffs claim “they were unaware that a simple upgrade to their operating system – as recommended by their iPhones – could result in their devices silently switching over to cellular data,” costing extra money, according to court documents.

Apple has been no stranger to litigation related headlines lately and currently has hundreds of cases pending, according to the Office of the Clerk of Court at the U.S. District Court for the Northern District of California.

Not all of the litigation is in California. Recently, a federal jury in Madison awarded the University of Wisconsin Alumni Research Foundation (WARF) more than $234 million in a patent infringement case.

The WARF dispute arose from a claim made by a Professor at the University of Wisconsin-Madison that Apple technology used to improve speed and efficiency of processors in iPads and iPhones was actually co-invented by the University.

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