Apple (AAPL) is facing a lawsuit accusing the company’s iOS 8 operating system of “storage capacity misrepresentations and omissions” relating to Apple’s 8 GB and 16GB iPhones, iPads and iPods.
The lawsuit, filed this week in the northern district of California from Apple device owners Paul Orshan and Christopher Endara, both of Miami, Fla, alleges the iOS 8 uses an unexpectedly large percentage of the storage capacity of Apple’s mobile devices. Apple, the suit says, “fails to disclose to consumers that as much as 23.1% of the advertised storage capacity of the Devices will be consumed by iOS 8 and unavailable for consumers when consumers purchase Devices that have iOS 8 installed.”
“In reality, nothing close to the advertised capacity of the Devices is available to end users”, the plaintiffs’ attorney Jonas Mann wrote in a court filing. “Indeed, the discrepancy between advertised and available capacity is substantial and beyond any possible reasonable expectation”.
The plaintiffs seek to have their complaint certified as a class action. They are suing Apple under California’s unfair competition and false advertisement laws which prohibits any company or individual from making false statements that would mislead consumers about the nature of a product or service.