• Apple investors are looking to break the company's own holiday sales record.

Apple investors are looking to break the company's own holiday sales record. (Photo : Reuters/Michael Dalder)

Tech giant Apple is facing a class action lawsuit filed by iPhone users claiming that Wi-Fi Assist feature of the iOS 9 operating system uses way too much data than originally anticipated. If the court finds Apple violated some protocols, the company is facing up to $5 million in damages.

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The lawsuit was filed by a couple from Florida claiming that the Wi-Fi Assist feature of iOS 9 caused them to exceed their monthly wireless data cap. The couple asked a federal judge from San Jose, California to make the case a class action lawsuit. If their request is granted, it would allow other Americans, who have the same grievances, to join in suing the Cupertino-based tech company.

According to Computer World, the complaint was filed on Oct. 23 by William and Suzanne Phillips. Based on the court filings, the couple stated that Apple did not notify iPhone owners that they are rolling the iOS 9 update which included the Wi-Fi assist feature. The feature in question will automatically switch the iPhone into cellular connection if a Wi-Fi connection is unavailable or too weak.

The court filing reads, "Defendant failed to disclose to consumers that this automatic switch to cellular data caused by an activated Wi-Fi Assist (the default setting) may result in exceeding the data capacity allowed under their phone plans."

Apple posted a supporting document that explains the ins and outs of the Wi-Fi Assist on Oct. 2. According to 9 to 5 Mac, the complainants said that Apple's explanation regarding the extra use of cellular data arrived too late.