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

[C DM]

Yes, and No.
When I walk into my house I expect WiFi and if I don't then the trouble shooting starts.
I walk into Starbucks and have been using WiFi I depend on that WiFi.
I walk into ..... same scenario.

If you want to change or modify user habits you don't cloak the change or hide settings where most will never find them; you announce it so people know. Change Management 101.

Sorry, but are you really thinking this through?
My mom, age 80+ knows when she leaves the house to minimize her data use. Her DSL wifi (all that is available in her area) is not the greatest. So now she is "supposed to know" that in some rooms, the side patio or other areas at her house she will go from slow to LTE? No! She uses and doesn't constantly scrutinize the status bar.

Be realistic.

I am realistic. All this can and has happened before wifi assist, devices just become better at detecting poor wifi connections than they were before, which has also happened with previous iOS and device releases. That's about as realistic as it gets as it has already been happening with new software and hardware releases. Whether or not people pay attention to these things is another story.

 

[duervo]

Thanks for posting these but when I upgraded, I saw a two line summary and the RN were not in evidence. When I selected the "email to me" option on what I was agreeing to what I received was 47 pages long. EULA.

Just when/where do these show up?

It depends on how you are updating:

Via OTA: they show up in the screen on your device where you check for updates. Once it detects that an update is available, it will show the new version, including a summary of "what's new". Depending on the number of changes, the notes may include a link to a page on Apple's website, where you read them in full. If the changes are small enough, the whole text will be shown. Security updates are usually referenced to with a link to the relevant security bulletin(s) on Apple's website.

Via iTunes: they show up in a similar fashion just via a dialog window in OS X or Windows.

 

[C DM]

No, you would have the proper corporate consumer mindset that walks folks through and allows them to Opt-In instead of depending on them to Opt-Out (typical subscription tactic).

The same folks that don't pay attention to anything and don't know any better? They'll be the ones filing a lawsuit that their devices aren't working for them because they are sitting with a poor WiFi connection and their device isn't loading anything which is part of Apple's plan to get their devices not to work so that they would by newer devices.

 

[mariusignorello]

Your average iDevice user likely has no clue about Release Notes nor where to find them. They rely on opinion, advertisements, articles and word of mouth.

They're included in the update UI by tapping Learn More. Apple posted that document as a backup.

 

[mariusignorello]

It depends on how you are updating:

Via OTA: they show up in the screen on your device where you check for updates. Once it detects that an update is available, it will show the new version, including a summary of "what's new". Depending on the number of changes, the notes may include a link to a page on Apple's website, where you read them in full. If the changes are small enough, the whole text will be shown. Security updates are usually referenced to with a link to the relevant security bulletin(s) on Apple's website.

Via iTunes: they show up in a similar fashion just via a dialog window in OS X or Windows.

Exactly. They are NOT hidden.

 

[dk001]

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?

There isn't these days. There was and now you get asked up front if you want it turned on and notified you can change in settings.

 

[dk001]

And should apple put it above individual app switches to let it much easier to find by an average user?

It is almost like some Settings Apple just tacks onto a page. No real thought on where or prioritizing by location.

 

[dk001]

I can see your point, I just want to say that some of us just still don't consider this lawsuit worthy. I know that I don't. I wish that the trend was towards holding consumers *more* accountable to paying attention to what they're doing rather than away. That's just my personal opinion, though - too much time spent with people who literally think it's everyone's fault except their own.

I do agree in principle however this is a two way street.
If you are going to hold consumers accountable for this type of information you need to provide a more effective method to allow users to become aware of the information. Extreme case in point: FDA drug warning on labels instead of going to the mfg companies website.
Make is simple and understandable. Would love to see that happen.

 

[C DM]

There isn't these days. There was and now you get asked up front if you want it turned on and notified you can change in settings.

Nothing about you being asked if you want the general location services being turned on tells you that a whole bunch of system ones get turned on in the background with that.

 

[dk001]

My carrier shows the data I use. There's even an app on my device. I check my usage almost daily. It's MY responsibility to check on my usage.

It's called being a responsible consumer.

I can actually create a report to show usage for last three bills. And it shows me that WiFi Assist was not the greatest contributor to my data usage; rather, Apple Music was, when I streamed music. So I opted to have everything made available offline.

These are tools available to any consumer who takes responsibility for his/her own actions rather than go on a money grab through any excuse.

Check daily? Why?
AT&T offers a wide range of alerts and for multi-line accounts line level limits.

 

[dk001]

Nothing about you being asked if you want the general location services being turned on tells you that a whole bunch of system ones get turned on in the background with that.

Yes it does. You have a Master Switch and then can go to System Services if you want to allow but employ that level of restrictions.

 

[Qbnkelt]

Check daily? Why?
AT&T offers a wide range of alerts and for multi-line accounts line level limits.

Uuummmm....:because I don't like surprises and I monitor things for which I'm responsible so I don't have to hire attorneys for frivolous lawsuits that can be avoided by monitoring the things under my responsibility......

See how that works?

 

[C DM]

Yes it does. You have a Master Switch and then can go to System Services if you want to allow but employ that level of restrictions.

So basically it doesn't tell you anything about those system services, you have to dig through settings yourself to find out not only that they even exist, but that a whole bunch of them are enabled by default just by you merely enabling location services for the purposes of using Maps or something like that (certainly without any knowledge that a whole bunch of other unrelated things get enabled along with them).

 

[dk001]

I live on planet earth where the defence of Apple will be users were informed in the release notes and therefore covered. It is not Apples not any other companies issue if users don't bother to read this information until it's too late. That crap as you put it has cost people money for not reading it. I read it made an informed decision prior to any overages and turned it off. Simple.

Do you read terms and conditions taking a loan or credit card etc. No probably not but when you get stuck with something and refer back to it find you are wrong you still have no case as it was there in the small print.

Wasn't aware that CC's came with release notes... TOS and such, yes.

 

[dk001]

Uuummmm....:because I don't like surprises and I monitor things for which I'm responsible so I don't have to hire attorneys for frivolous lawsuits that can be avoided by monitoring the things under my responsibility......

See how that works?

No. I have an alert at 5GB for me, one if any line shows excessive data use, one if my son exceeds 5 GB, one if....
and just monitor the alerts (text and email).

Log in everyday is effective just a time/task eater I'd rather spend elsewhere.

 

[Angus576]

Did I read that correctly? These two people have this claim, "However, the plaintiffs claim that the "overall amount in controversy exceeds" $5 million. So two people have used over 5 million dollars worth of data overages? I don't know about you but that's impossible.

 

[sputnikv]

You agreed to the data cap when you signed up. That's not their fault. My data use is way up since iOS9. Almost 50%. My office and house contantly roam between different wifi hotspots and I bet Apple is switching to LTE a lot. I turned the feature off and my data has gone back down considerably. I have 6 phones on my family plan, so it was really eating up the data.

Ah yes, agreeing to carrier's terms, a place where "unlimited" is limited and speeds are grotesquely exaggerated.

 

[dk001]

It seems pretty crappy that neither Apple or some network providers actually let their customers know about the change. I know on my previous phone contract I was pretty close to my usage limit most months

At least now here in the UK my current provider (o2) sent me a text message to tell me about the feature, and how to disable it if needed - although it's now somewhat moot given the increasing prevalence of all-you-can-eat and high-usage accounts (I now have a 30Gb cap).

AT&T did for me here in the US. Amazed me that a carrier thought it an issue and sent me an alert while Apple was noticeably quiet.

 

[dk001]

AT&T does not text the individual if they are on a family plan or a business plan, instead they will sometimes text the person with financial responsibility.

You are correct. The "owner" or "owners" in AT&T get notified.
All lines do not.

 

[dk001]

Yup, that pretty much describes what is happening.

If you think it has anything to do with fixing a problem or compensating people that spent a few extra bucks on overage charges, I have a bridge in Brooklyn that you'll love to call your own.

Kept seeing the word so I copied in the definition.
I'd love that bridge, however the upkeep would bankrupt me so I'll decline.
Thanks anyway.

 

[dk001]

You don't even know what you're talking about. The License Agreement is NOT the release notes. When you update, there's a button that says "Learn More". Those are the release notes. I'll post a link to the release notes that were included with each iOS 9 release.

https://support.apple.com/kb/DL1842?viewlocale=en_US&locale=en_US

9.0 is the longest, but that is NOT a lot of reading.

In most cases, developers and administrators read Release Notes. General users do not.
General users may peruse the EULA if they can even begin to understand it. They may read the change summary. Most rely on media, social, or the seller to communicate the benefits. Note I did not say changes.

I was trying to make a point. I have never read the Release notes for iOS. I have for Windows (job), I have for SAP (job), I have for some other software I am involved in.

Apple makes a point of stuffing the EULA in front of us. Do the same with the RN.

 

[dk001]

I am realistic. All this can and has happened before wifi assist, devices just become better at detecting poor wifi connections than they were before, which has also happened with previous iOS and device releases. That's about as realistic as it gets as it has already been happening with new software and hardware releases. Whether or not people pay attention to these things is another story.

No it hasn't.
If WiFi is lost LTE takes over.
Now if WiFi Assist is On, when WiFi reaches a low signal point (not lost) LTE takes over. If WiFI Assist is off the hand-off from WiFi to LTE is as it was before iOS9
If what you are saying is true, then the switch serves no purpose and is a placebo.

 

[C DM]

No it hasn't.
If WiFi is lost LTE takes over.
Now if WiFi Assist is On, when WiFi reaches a low signal point (not lost) LTE takes over. If WiFI Assist is off the hand-off from WiFi to LTE is as it was before iOS9
If what you are saying is true, then the switch serves no purpose and is a placebo.

How in what I said was there no difference? I said it became more sensitive to establishing when the connection is bad. WiFi assist doesn't take over on low WiFi it takes over on bad WiFi and does it quicker than before. It used to take longer for iOS to figure out when it had a bad or no WiFi connection to drop it and with WiFi assist it happens sooner. There's certainly a difference, but not one where it just drops a working WiFi connection just because and switches over to cellular, it's just better at determining bad WiFi connectivity than it was before and at switching over sooner rather than later after there was no WiFi connection for a little while already.

 

[john123]

I think we have a completely different concept of "real harm". "Real harm" is serious injury or fraud.

A few extra bucks on a cell phone bill, that could have been avoided by simply paying attention, is not "real harm". If you truly believe that, you will be perpetually aggrieved for the rest of your life, and you should start getting used to it.

I truly do believe that. I believe that "harm" isn't dichotomous but rather a spectrum, and that what we're talking about here falls on the spectrum.

I'm half-way through my life, and I don't expect my opinions will change. I believe corporations in general have too much power (for all the reasons described in classical economic theory), and I believe institutional mechanisms that help consumers are a very good thing. And I believe that the spectrum itself needs to be preserved, which means not letting things like this slide, even if they aren't egregious.

I suspect you and I simply have very different underlying fundamental beliefs, which in turn affect our politics and what we think is "good" versus "bad" public policy.

 

[dk001]

How in what I said was there no difference? I said it became more sensitive to establishing when the connection is bad. WiFi assist doesn't take over on low WiFi it takes over on bad WiFi and does it quicker than before. It used to take longer for iOS to figure out when it had a bad or no WiFi connection to drop it and with WiFi assist it happens sooner. There's certainly a difference, but not one where it just drops a working WiFi connection just because and switches over to cellular, it's just better at determining bad WiFi connectivity than it was before and at switching over sooner rather than later after there was no WiFi connection for a little while already.

Just for "fun" I know I have a weak wifi area in my kitchen. I can watch YouTube but it pauses frequently while loading. Elsewhere I have a great connection on 2.4 (5 drops off sooner).

1. Turned on Wifi Assist (6S+).
2. Walked in and out of the house, down the sidewalk, around the house..... went back into the house into my office, next to the wifi and linked up 5ghz. started playing LMFAO on YouTube.
3. Halfway across the house I watched as it switched from 5 to 2.4 (still on wifi).
4. Walked into the kitchen and still on 2.4.
5. About 3/4 way through the song I saw that it was on LTE.
6. Video still playing.
7. Manually switched it back to 2.4.
8. Video still playing.
9. Started next video.
10. Back to LTE.
11. Killed YouTube and turned off Assist.

Nice but not what I want. I would like to know what the threshold is where it drops WiFi and swaps to LTE.
This could eat up data quick if you have weak spots. The swap was in an area in my house that is WiFi weak but I would not have expected LTE to come on unless the WiFi basically dropped or I swapped it due to poor playback.

btw: with Assist off I was able to play both videos on YouTube in my kitchen on WiFi even if it did pause in a few spots while loading.