Verizon Wireless has been slapped with a class-action lawsuit over $1.99 data fees alleged to have been improperly charged to non-smartphone customers.

The suit comes less than three months after the FCC asked Verizon to respond to accusations that it was charging $1.99 to customers who inadvertently accessed its mobile Internet service.

The lawsuit, filed by Goldman Scarlato & Karon P.C. in a New Jersey federal court, claims Verizon charged its non-smartphone customers $1.99 for data service that these customers never used. The suit aims to reimburse people and businesses for the charges.

A Verizon spokesman declined to comment on the allegations.

Verizon has faced criticism over its data charging practices. The FCC asked Verizon about the $1.99 fees in December, citing a November New York Times article that claimed Verizon’s handsets were designed to make inadvertent mobile Web access unavoidable.

Verizon says the home Web key on handsets is prominently placed because it is frequently used by subscribers. Erroneous charges can be reversed by Verizon’s customer service representatives.