Apple’s Wi-Fi Assist Application
October 2016: A federal judge dismissed the amended complaint finding, among other things, that plaintiffs did not show a real threat of future harm and did not allege that Apple made a false statement. Claims for injunctive relief were dismissed with prejudice while claims for monetary relief were dismissed without prejudice.
May 2016: An amended Consolidated Class Action Complaint was filed.
April 2016: A federal judge granted Apple’s motion to dismiss finding that plaintiffs did not have standing to sue because, among other things, they did not adequately plead that they actually relied on the alleged misrepresentations. The judge gave plaintiffs 30 days to file an amended complaint.
February 2015: The parties filed a Consolidated Class Action Complaint in February that combines the two separate lawsuits.
October – November 2015: Two class-action lawsuits were filed against Apple (one in October 2015 and the other in November 2015) both alleging that the company fails to adequately disclose that Wi-Fi Assist, if left activated, will allow the phone to automatically switch to using cellular data and, as a result, consumers may exceed the data capacity allowed under their phone plans. For more information about each case, click on the case information below.
- Phillips et al v. Apple Inc., Case No. 15-cv-4879, N. D. CA.
- Cottrell et al v. Apple, Inc., Case No. 15-cv-5205, N. D. CA.
For more information about other class-action lawsuits filed against Apple Inc. and TINA.org’s coverage of the company, click here.
When a complaint is dismissed with prejudice, it cannot be refiled.
When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.