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A class action suit was filed on Tuesday in California by Miami residents Paul Orshan and Christopher Endara accusing Apple of "storage capacity misrepresentations and omissions" relating to the Cupertino-based company's 8GB and 16GB iPhones, iPads, and iPods.
The lawsuit claims that there is a discrepancy between the advertised amount of space available for users of the devices once they have been upgraded to iOS8. They contend the upgrades to the operating system end up taking as much as 23 percent of the storage space on their devices. Orshan owns two iPhone 5 phones and two iPads, while Endara owns an iPhone 6.
The complaint reads, "In addition to making misrepresentations and omissions to prospective purchasers of Devices with iOS8 pre-installed, Apple also makes misrepresentations and omissions to owners of Devices with predecessor operating systems."
"These misrepresentations and omissions cause these consumers to 'upgrade' their Devices from iOS7 (or other operating systems) to iOS8. Apple fails to disclose that upgrading from iOS7 to iOS8 will cost a device user between 600MB and 1.3GB of storage space."
iOS8 takes up 1.1GB of space and needs 5.8GB to install. In comparison, the iOS7 only requires 3.3GB of space to download wirelessly.
The lawsuit also accuses Apple of taking advantage of the iOS8's storage-consuming capabilities by "aggressively" pushing people to avail its monthly-fee-based iCloud storage system.
"Using these sharp business tactics, Defendant 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," the lawsuit claims. "To put this in context, each gigabyte of storage Apple shortchanges its customers amounts to approximately 400-500 high resolution photographs."
In a phone interview on Wednesday, Bill Anderson, an attorney for the plaintiffs, told The Huffington Post, "Our clients and consumers across America were provided less than Apple promised them and we look forward to vindicating their rights through the lawsuit."
Apple has not commented on the allegations as of the moment.