A Florida couple last week filed suit against Apple in a federal court, claiming that a new feature in iOS 9 caused them to exceed their wireless data cap, filings showed.

The plaintiffs asked a San Jose, Calif. federal judge to make the case a class action lawsuit, which if granted would allow other Americans to join in suing Apple.

In a complaint filed Oct. 23, William and Suzanne Phillips charged that Apple did not notify iPhone owners that the upgrade to iOS 9 — which was released Sept. 16 — included the Wi-Fi Assist feature. Wi-Fi Assist was designed to switch to a cellular connection if a local Wi-Fi signal was spotty or weak.

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