According to a new report published this afternoon, Apple has been slapped with a class-action filed by William Scott Phillips and Suzanne Schmidt Phillips claiming that the company failed to properly warn users that the new Wi-Fi Assist feature in iOS 9 will use data from their cellular plan.

The report notes that "Some who don't understand how Wi-Fi Assist works, or even that it exists, have alleged that the new feature has caused them to use more cellular data than anticipated. But the new class-action suit alleges it should be Apple who should reimburse customers for any overages."

The report further notes that "The complaint asserts that Apple did not properly explain Wi-Fi Assist on its website until only after a "flood of articles" were written about unintended cellular data use. For the plaintiffs, that addition to the website was too little, too late."

The Class Action against Apple was filed in the California Northern District Court, San Jose Office.

Patently Apple presents only a brief summary of certain legal cases/ lawsuits which are part of the public record for journalistic news purposes. Readers are cautioned that Patently Apple does not offer an opinion on the merit of the case and strictly presents the allegations made in said legal cases / lawsuits. A lawyer should be consulted for any further details or analysis. About Comments: Patently Apple reserves the right to post, dismiss or edit comments. On most legal cases, comments will be closed. See our Legal Archives for other patent infringement cases.