Two Miami residents, Paul Orshan and Christopher Endara, have filed a class action lawsuit against Apple in California, accusing the company of “storage capacity misrepresentations and omissions” on their 8 GB and 16GB iPhones, iPads and iPods. The two allege that the devices by the company came with lesser storage space than that mentioned by the company and that the famous manufacturer was cheating its customers by not disclosing that 23% of the available storage capacity of the iPhones and iPads will be used up while upgrading to iOS 8.
Orshan uses two iPhone 5 and two iPads while Endara had purchased an iPhone 6. They argued that the upgrades to the operating system end up taking up as much as 23 percent of the storage space on their devices. They also included a graph which details how different Apple products are affected by upgrading to iOS 8 in their lawsuit.
“Apple’s misrepresentations and omissions are deceptive and misleading because they omit material facts that an average consumer would consider in deciding whether to purchase its products,” said Orshan and Endara in their complaint. “Rather ironically, Apple touts iOS 8 as ‘The biggest iOS release ever.’ Of course, Apple is not referring to the literal size of iOS 8, which appears to be entirely undisclosed in its voluminous marketing materials extolling the purported virtues of iOS 8.”
In addition to the above charges, the two users also blamed Apple of blatantly pushing their users towards using their iCloud storage after they run out of internal memory on their devices. “Using these sharp business tactics, (Apple) gives less storage capacity than advertised, only to offer to sell that capacity in a desperate moment, e.g., when a consumer is trying to record or take photos at a child or grandchild’s recital, basketball game or wedding,” they added. “To put this in context, each gigabyte of storage Apple shortchanges its customers amounts to approximately 400-500 high resolution photographs.”
This is not the first time that the famous phone manufacturer has been sued over storage space issues. They had earlier managed to get off out of a case involving storage space over iPod Nano in 2007 when users had complained of being able to use only 93% of the available storage space on an 8GB device.