The lawsuit is fair, but requesting $5 million discredits this as anything more than an attempt to make money.
You people really don't seem to understand class action lawsuits. The large dollar amount is to get the attention of a giant corporation that otherwise won't bother to respond, for one thing. For another thing, since there may be thousands or tens of thousands of qualifying plaintiffs most people that are part of a class action lawsuit typically end up with a compensatory check for anywhere from 99c to $15. Class action lawsuits are not money-making schemes. Except for the lawyers, but they make money on anything, on either side.
Anyone who doesn't think that it was stupid of Apple to turn this on by default has obviously never had to pay the ridiculously expensive overage fees most cellular companies are still charging. I got screwed out of my unlimited data because someone at AT&T made a mistake years ago and I didn't catch it in time, so I try to keep my cellular data usage to a minimum. So I'm not happy this feature has been enabled without my knowledge. Plus, I read most of the feature announcements with each new version of iOS but I still didn't realize this even existed. I can see how a lot of people might be extremely unhappy about getting unexpectedly high phone bills the last month or so, when they are otherwise careful to avoid using too much cellular data.
This is one thing that it was not wise of Apple to enable by default. Not cool.