Apple Hit With Class Action Lawsuit for New Wi-Fi Assist Feature

[MRicks82]

Your hawk eyed wife must need glasses. If she watched the data usage go up and up, why didn't she turn off LTE data before going over. Classic blame shifting.

So...I literally read macrumors 3 times a day. Daring fireball every night. I own 4 iPads, 2 iPhone 6s, 27" iMac, 15" MacBook Pro, MacBook Air, 3 apple tvs, 2 apple watches, and two airport extremes. And when my wife informed me that her data shot though the roof it took my almost a week to figure out it was the wifi assist. No need to call my wife names, friend. Understand that as long as someone has a decent broadband experience at home, they would have only seen a marginal uptick in their data usage. But for the 3% of that live in the middle of nowhere it gets pretty painful pretty quick.

 

[MRicks82]

Your wireless carrier didn't text you when you were near your plan limit??

Yes. At 90%. So we started turning apps off like crazy. We still hit our overage because we still had 15 days left on our cycle. It was at least 4 days later when I discovered the wifi assist feature was the culprit.

 

[pat500000]

The fact that there weren't any before provides an answer.
So clearly the same things could easily apply in this case and it might very well have nothing to do with WiFi assist.

Real statistic from APPLE. AND...it's all individualized...therefore...statistic is based people's opinion. So now..where's your?

 

[CraigJ]

Except it doesn't seem to dropping it like that now even with WiFi assist.

Funny I didn't mention anything at all about release notes or some sort of blind defense of anything, just discussing and questioning things that don't seem to follow, but those who seem to have a bias seem to go for those things.

Your replies are blind defense of Apple, and show that you really don't get it. I will explain with small words with a clear example. Try to keep up here.

BEFORE iOS 9:
You're home on you WiFi which has excellent coverage in the main house but only, say 40% signal coverage in the garage. You're streaming music on your iPhone over WiFi. You go into the garage. The music occasionally buffers, maybe. That's it.

AFTER iOS 9:
Same scenario. Except this time the phone more or less silently decides that your WiFi is too poor, and starts using cellular data.

Now, assume that the person in question doesn't watch every key note, doesn't read release notes top to bottom - they are just an average user using their phone like they always did.

Can you honestly say that you expect the user to clue in that simply upgrading to iOS 9 means they may be using cellular data in situations where that wasn't previously the case? We're not talking about being on WiFi, getting in your car and driving down the street and transitioning to cellular.

I repeat: We're talking about being connected to WiFi as before iOS 9, but now using cellular data in situations where that was never the case before.

Most people don't constantly look at their wireless connection info when they are places where they are normally on WiFi, because there hasn't been any reason to since 2007.

I like Apple, I really do. I'm typing this on a Mac hooked up to an Airport Extreme, and I waited until the 2016's were out to buy a car with CarPlay. But I believe in calling a spade a spade.

Apple screwed the pooch with the roll out of this feature. I believe that previous "scandals" like "antenna gate" were overblown ******** for media sites to get clicks. IMO this actually is a real problem. I called AT&T to figure out why my data went over, and I was told that they had been receiving lots of calls since iOS 9 dropped, but they were no help. I called Apple, and the rep I spoke to was no help either.

Apple should have either given users the option to enable during setup, just like they do with iCloud - depending on your settings you may get a popup during the upgrade to do something with iCloud. I received the message on both 9 and 9.1. They should have done that, or turned it off by default.

I don't pay for unlimited data because I frankly don't use enough to justify it, and I've only gone over my data once in 7 years prior to this, and that was basically planned.

I can't really understand while you feel the need to defend Apple in this case. What they did is clear. The results of that are clear - lots of people paid more to their carriers due to this feature.

Apple should have gotten in front of this issue when it blew up a few weeks ago, but Apple being Apple, they didn't acknowledge the issue and remained silent. They had the perfect opportunity to address the issue in 9.0.1, but AFAIK they didn't. So they are going to get sued. And rightfully so.

 

[HEK]

So...I literally read macrumors 3 times a day. Daring fireball every night. I own 4 iPads, 2 iPhone 6s, 27" iMac, 15" MacBook Pro, MacBook Air, 3 apple tvs, 2 apple watches, and two airport extremes. And when my wife informed me that her data shot though the roof it took my almost a week to figure out it was the wifi assist. No need to call my wife names, friend. Understand that as long as someone has a decent broadband experience at home, they would have only seen a marginal uptick in their data usage. But for the 3% of that live in the middle of nowhere it gets pretty painful pretty quick.

First off I didn't call your wife names, YOU DID MY FRIEND! And if you choose to live in marginal area of reception, then the best advise for you is what I gave. Check your data daily. Takes like 30 seconds. And I don't give a rodent's behind how much stuff you own. It doesn't mean you know what you are doing. For some wild reason I glommed onto the assist button first day it came out.

 

[C DM]

Your replies are blind defense of Apple, and show that you really don't get it.

Nothing about blind about them. I'm explaining things as they are instead of overreacting based on assumptions.

 

[C DM]

Real statistic from APPLE. AND...it's all individualized...therefore...statistic is based people's opinion. So now..where's your?

What statistic is showing that WiFi assist is responsible for all the overages that just some of the people are saying they experience?

 

[ptb42]

I still haven't seen you point to an explanation for why this "prevents speedy resolution." The only claim you've made is that the issue of culpability might make the defendant likely to dig their heels in—but as I noted previously, many class action claims are settled with a payment along with allowing the defendant not to admit wrongdoing.

If Apple hasn't implemented something correctly, you can file a bug report. If it's "operating as designed", you can submit a feature request. This is how it works with almost every other company in the world that don't have deep pockets and a target painted on their back.

If you were really interested in preventing something like this, you could enroll as a beta tester and provide feedback. I've done it for other products, and changes have resulted.

Once a lawsuit is filed, the defendant is essentially ceding their position by implementing a change to address the issue. Yes, eventually they will likely come to an agreement, but only after they have gone through the legal process -- which is not speedy.

Agreed. I think the most important word in your post is actually "threat." The mere possibility that there can be legal ramifications is really, really useful.

I really don't understand why you think a threat is your first option, for something that is a oversight at best, and unintended consequences at the worst. Do you call your lawyer if a restaurant brings your steak cooked differently than you liked?

What's the point of provoking a conflict over something that hasn't caused any real harm, and is at worst an inconvenience?

 

[CraigJ]

Nothing about blind about them. I'm explaining things as they are instead of overreacting based on assumptions.

No over reactions, no assumptions. Apple screwed up and you are simply making excuses for them.

 

[CraigJ]

If Apple hasn't implemented something correctly, you can file a bug report. If it's "operating as designed", you can submit a feature request. This is how it works with almost every other company in the world that don't have deep pockets and a target painted on their back.

If you were really interested in preventing something like this, you could enroll as a beta tester and provide feedback. I've done it for other products, and changes have resulted.

Once a lawsuit is filed, the defendant is essentially ceding their position by implementing a change to address the issue. Yes, eventually they will likely come to an agreement, but only after they have gone through the legal process -- which is not speedy.



I really don't understand why you think a threat is your first option, for something that is a oversight at best, and unintended consequences at the worst. Do you call your lawyer if a restaurant brings your steak cooked differently than you liked?

What's the point of provoking a conflict over something that hasn't caused any real harm, and is at worst an inconvenience?

While having your bill increase by $20, $40, or even $100 is not a huge deal, it's certainly real, monetary damage. And pardon me but your analogy is ****. If a restaurant cooks my steak incorrectly I send it back. In this case a problem caused by Apple in turn causes people to be billed by their carrier. Technically the user used the data via their phone so the carrier is not going to refund. Apple caused the issue but doesn't acknowledge it or offer reimbursement. So, the options are suck it up or sue. There is no other recourse.

 

[TurboPGT!]

So since I'm an Apple fanboy who happens to have a brain and doesn't m defend Apple about everything...

These people have a fair point.

Nope. They don't. And neither do you. There is no foreseeable possibility of it negatively affecting anyone. It is no different than it has ever been since iPhone 1...except now instead of waiting until your WiFi disconnects from no signal, it will disconnect automatically during weak signal. You'll see LTE when you're using it. There is no mystery, or secret.

No one sued Apple over WiFi/Cellular switching in the last 8 years, and anyone that has the slightest clue would not be suing them now.

Oh and...get better WiFi, or get a respectable data plan.

 

[mariusignorello]

I'm not a developer.
Doesn't that prove my point? Developers are an extreme minority. The whole argument is about the general public not being informed. I see you're a developer and that's probably why you're one of the few who did know about WiFi Assist. It seems like you can't imagine a world where 300 million users don't read every word of the release notes. They're not developers like you.

The release notes aren't a scary document like the license. If users don't read them, then it's by definition, ignorance.

 

[arpitmehta]

Doesn't every single service provider warn you about using up your allotted data? I call ********.

 

[C DM]

No over reactions, no assumptions. Apple screwed up and you are simply making excuses for them.

Where is the screw up with Apple improving user experince by making WiFi handoff better in certain bad circumstances? Pretty much as they have improved things in that area in previous iOS releases with essentially the main differences being that they provided a user facing option this time. So because some users are seeing higher data usage as has been the case petty much always with new iOS releases, and are assuming that it's WiFi assist that is behind it, that means Apple did something bad (and intentionally so based on many implications)?

 

[oldmacs]

From the forum that constantly justifies apple not adding features, or removing features or dumbing down software, because the majority of the user base is not overly technologically enabled, then to go justify this decision based on the fact that users are meant to understand the implications of wifi assist is hilarious.

I'd also say a huge number of people updated to iOS 9 when 9.0.1, 9.0.2 and 9.1 were out, thus there was no mention at all in the release notes.

Even then.. The description in the notes gives no warning. It doesn't even indicate wifi assist is automatically on, and it's a fair assumption for users to make that it is an app called wifi assist, or any other number of things.

Any change to habits that have been learnt over 7 years, that lead to increased costs should be specifically highlighted for the user.

This is a result of Apple not properly thinking things through,

 

[C DM]

From the forum that constantly justifies apple not adding features, or removing features or dumbing down software, because the majority of the user base is not overly technologically enabled, then to go justify this decision based on the fact that users are meant to understand the implications of wifi assist is hilarious.

I'd also say a huge number of people updated to iOS 9 when 9.0.1, 9.0.2 and 9.1 were out, thus there was no mention at all in the release notes.

Even then.. The description in the notes gives no warning. It doesn't even indicate wifi assist is automatically on, and it's a fair assumption for users to make that it is an app called wifi assist, or any other number of things.

Any change to habits that have been learnt over 7 years, that lead to increased costs should be specifically highlighted for the user.

This is a result of Apple not properly thinking things through,

Except that there is no change in habits.

 

[ptb42]

While having your bill increase by $20, $40, or even $100 is not a huge deal, it's certainly real, monetary damage.

The typical price for an extra 1G of data is $15. If you are paying attention, your carrier will notify you when the first overage occurs. If your carrier doesn't notify you, that's between you and your carrier.

A class action lawsuit is intended for people that are injured, or suffer irreparable financial hardship due to intentional wrong doing or gross negligence. Even $100 is not a level that justifies the burden on the court system and enrichment of lawyers who will get 40% of the settlement, while you'll be lucky to get a dollar or two.

And pardon me but your analogy is ****. If a restaurant cooks my steak incorrectly I send it back. In this case a problem caused by Apple in turn causes people to be billed by their carrier. Technically the user used the data via their phone so the carrier is not going to refund. Apple caused the issue but doesn't acknowledge it or offer reimbursement. So, the options are suck it up or sue. There is no other recourse.

Or, you could accept responsibility for your own failure to read the release notes and disable the option immediately after upgrade (I did), or even turn off cellular data for apps that consume a lot of data. That feature has existed since at least iOS 8, because you have always been at risk of dropping your WiFi connection and using cellular data instead. I turned off cellular usage for Music and Pandora long ago.

 

[kentsydney]

So since I'm an Apple fanboy who happens to have a brain and doesn't m defend Apple about everything...

These people have a fair point. It's a feature that turns wifi off and eats data, and it's turned on automatically with no warning when you update to iOS 9. I could see it being a problem for people who have weak wifi connection.

I declare that I am a huge apple fan and have iPhones, iPads Apple TV's iMacs iPods but I do agree this could be an issue. This wasn't because of wifi assist which didn't exist at the time but I woke up one morning to texts from my phone company saying I'd used all my date then my account had reached its credit limit and was suspended- I fell asleep listening to something on you tube and it had gone off wifi onto 4g, even though I have turned off data for YouTube. The charge was about $1000 ( I used 7gig)- it took a while but out phone company waved this as usually I don't even use 1 gig. But I turned wifi assist off as soon as I heard about it as excess data charges aren't trivial and cam pile on too fast to react..

 

[oldmacs]

Except that there is no change in habits.

I meant change in software that would change a way of doing something.

 

[C DM]

I meant change in software that would change a way of doing something.

That happens with most updates with a lot of things under the hood. Cellular reception is constantly being worked on being improved, handoffs between wifi and cellular have always been worked on being improved to avoid people getting stuck with no connection. Aside from giving users an option to control the improvements that were made in the handoff and detection of bad connections, this kind of thing has been an ongoing thing with many iOS updates without users changing their habits or getting upset, let alone filing lawsuits.

 

[DoctorKrabs]

The release notes aren't a scary document like the license. If users don't read them, then it's by definition, ignorance.

I have said this before, but imagine if you and Apple had this philosophy about location services. You install an app and it automatically uses your location until you turn it off, and it doesn't notify you that is uses your location upfront. It only tells you if you voluntarily look up the app permissions. Do you blame the user's ignorance if they didn't want their location used?

There's a reason why Apple doesn't slack on informing users about privacy settings, and part of that is because blaming the user is disrespectful and irresponsible.

 

[C DM]

I have said this before, but imagine if you and Apple had this philosophy about location services. You install an app and it automatically uses your location until you turn it off, and it doesn't notify you that is uses your location upfront. It only tells you if you voluntarily look up the app permissions. Do you blame the user's ignorance if they didn't want their location used?

There's a reason why Apple doesn't slack on informing users about privacy settings, and part of that is because blaming the user is disrespectful and irresponsible.

A bunch of system location services (most of which aren't needed for device functionality) are enabled by default from a fresh installation and have been for many iOS versions. Where's the lawsuit or outrage about those?

 

[MRicks82]

First off I didn't call your wife names, YOU DID MY FRIEND! And if you choose to live in marginal area of reception, then the best advise for you is what I gave. Check your data daily. Takes like 30 seconds. And I don't give a rodent's behind how much stuff you own. It doesn't mean you know what you are doing. For some wild reason I glommed onto the assist button first day it came out.

"Your hawk-eyed wife" was ment to be condescending. Please don't pretend otherwise. My point was that I follow Apple closely and yet I still missed that this feature could be the culprit. Doesn't make me an apple genius, but i'm certainly not the average iPhone user. And Apple should be very concerned about its average users, not the small number of pro or power users that would have picked up on this from the very beginning. I did choose to live where I live for a multitude of reasons. And before this new feature came out we found a way to make it work. Like I said before, I think it's a brilliant feature. However, it was not communicated well and unfortunately it's side effects can be very costly when the end-user doesn't fully understand what is happening.

 

[DoctorKrabs]

A bunch of system location services (most of which aren't needed for device functionality) are enabled by default from a fresh installation and have been for many iOS versions. Where's the lawsuit or outrage about those?

Wrong. With Location Services turned off, no location services are allowed except for Find my iPhone (and I'm not even sure if Find my iPhone will stay enabled with them off).

And for fresh restores, you always are asked if you want them on. You see two options: Enable or Disable! You can't do a fresh restore without going through initial setup where you are required to choose before you can use the phone.

And if you do Reset All Settings, when the device comes back on, Location Services will be OFF by default.

There's no lawsuit about location because Apple is fully informative and cautious about location services.

Factual.

 

[oldmacs]

That happens with most updates with a lot of things under the hood. Cellular reception is constantly being worked on being improved, handoffs between wifi and cellular have always been worked on being improved to avoid people getting stuck with no connection. Aside from giving users an option to control the improvements that were made in the handoff and detection of bad connections, this kind of thing has been an ongoing thing with many iOS updates without users changing their habits or getting upset, let alone filing lawsuits.

That's because the previous changes have not changed the fact that if you're connected to a wifi network and it hasn't dropped due to poor signal strength then all Internet usage will be over wifi and this changes it, leading to users being charged for data they understands thought they were downloading over wifi.

Apple Is in the wrong here so just accept it. Or does everyone welcome a world were we don't hold companies accountable for anything?