A Couple Is Suing Apple $5 Million for Running Up Their Phone Bill

Apple is being sued for $5 million over its Wi-Fi Assist feature, which is allegedly eating up users' mobile data and causing overage fees.

Wi-Fi Assist automatically switches your phone to cellular data when it detects a weak or faltering Wi-Fi signal. In newly released iOS 9 it is activated by default, and it's not clear when it's operating—so some users weren't even aware of their skyrocketing data usage until they received their bill.

One California couple was annoyed enough to mount a class-action suit to get Apple to reimburse affected customers, seeking $5 million in reimbursement. Five million is chump change to Apple, which generated $49.6 billion in revenue just this summer, but the accusation of "negligent misrepresentation" could turn into a PR imbroglio.

As soon as complaints came in, Apple updated its website with to alert users of the potential for increased cellular data use, but suit plaintiffs William and Suzanne Phillips aren't satisfied. Their lawsuit states Apple's cautionary statement "still downplays the possible data overcharges a user could incur," and that "reasonable and average consumers use their iPhones for streaming of music, videos, and running various applications—all of which can use significant data."

Apple says Wi-Fi Assist should only increase your cellular data usage by a small percentage, but if you want to be safe, be sure to disable it.