First, you are arbitrarily determining what constitutes a class action lawsuit based on your criteria, not reality.
This WAS the criteria for a class-action lawsuit, before the ambulance-chasers found a more lucrative target.
There has been much discussion about where the aggregate amount of $5M came from. The answer is: that's the minimum amount of "damages" for which a class-action will be considered in federal court.
It's going to be interesting to see how the complainants prove those damages. They can't subpoena billing records from Apple, and even if every iOS 9 user were to submit their cell phone bill showing an overage charge, the judge won't accept it was caused by "WiFi Assist" without some evidence.
Are you starting to see the problem? this isn't about compensating "victims". This isn't about forcing Apple to do anything different for their users.
This is nothing but a shakedown, with a hope that Apple will settle for the minimum amount rather than slogging through discovery and a bench trial. The lawyers will collect a tidy $2M for a sloppy filing.
But hey, we have to threaten Apple to get them to be responsive to their users, and give some lawyers enough money to retire, so that you can get your pound of flesh.
With an estimated 94M iPhones in the US, and 50% of them upgraded to iOS 9 (so far), that's $3M spread over 47M users, or about 6 cents apiece. Assuming that Apple credits it to your iTunes account, that would buy you --- nothing of any significant value.
How's that going to work out for you?
Since, you have still failed to acknowledge the millions of people that upgrade their hardware or bought new hardware who didn't get those release notes you keep referencing.
I wasn't aware of my obligation to respond. But my response is similar: Apple publishes those release notes on-line. They also publish an online manual.
http://help.apple.com/iphone/9/#/iph3dd5f213
Your failure to take the time to read them is yours, not Apple's.