It has not been long enough that a user filed the lawsuit against Apple because his iPhone swiftly moved from Wi-Fi to LTE; resulting in substantial data charges.

It looks Apple is having a tough time dealing with Wi-Fi Assist, as the new lawsuit has been filed against Cupertino Giant over the same issue.

Apple Facing Lawsuit Over Excess Data Usage

Second Lawsuit for Excess Data Usage on iPhone 5/5s

Earlier, for Verizon user, Apple did release a fix on an issue which resulted in shifting to LTE even if the device was in decent Wi-Fi range.

According to the new lawsuit filed for an iPhone 5/5s, the complaint is that the company did not do anything in that reference for AT&T users.

The law firm Hagens Berman claimed that Apple has not fixed this issue even though the company was completely aware of the defect. This is what their official site has to say,

“In the iPhone 5 and 5S, when a consumer streamed high volumes of data for a period of 10-20 minutes, the GPU would take over all video decompression, decoding and presentation to the display. Because the Swift CPU no longer played a role in the video decompression, decoding and presentation process, the Swift CPU would go to sleep to conserve battery life. Once the Swift CPU was asleep, the iPhone 5 and 5S would automatically switch from streaming data via a Wi-Fi signal to streaming data via a cellular signal”.

The law firm stated that Apple was already aware of this defect and the company did not fix it or even warn their users, thus, it is a violation of California consumer laws – Unfair Competition Law, the Consumers Legal Remedies Act and the False Advertising Law.

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