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Microsoft Surface RT Tablet Class Action Lawsuit

By Sarah Pierce


Surface RT tabletA new class action lawsuit claims Microsoft misrepresents the storage capacity of its Surface RT tablets, which actually provide only 25% to 50% of the advertised storage.

Lead plaintiff Andrew Sokolowski alleges in the Microsoft tablet class action lawsuit that the problem lies in the Windows RT operating system, which takes up to half the storage on Surface RT tablets, sold in 32-gigabyte and 64-gigabyte versions.

“Microsoft knows, but conceals and fails to disclose in its advertising, marketing or promotional materials, that the Windows RT operating system consumes approximately 16 GB of the represented storage capacity of the Surface RT tablets and that those 16 GBs are not, therefore, storage space that the consumer can actually use to store files after purchase,” Sokolowski says in the Surface RT class action lawsuit.

“Thus for a consumer who purchases the 32 GB Surface RT tablet, as plaintiff did, about 50 percent of the represented storage capacity is inaccessible and unusable. For purchasers of 64 GB Surface RT tablets, approximately 25 percent of the represented storage capacity is inaccessible and unusable.”

Sokolowski is seeking refunds for consumers that purchased the Microsoft Surface RT tablets and is alleging false advertising, unfair business practices and violation of state consumer laws.

A Microsoft spokesperson said “we believe this lawsuit is without merit, as customers understand the operating system and pre-installed applications reside on the device’s internal storage, thereby reducing the total free space.”

However, Sokolowski’s attorney said Microsoft buries these details on the website and makes “you search and dig for [this information] specifically, or you would never find it.”

Plaintiffs in the Microsoft Surface Tablet RT Class Action Lawsuit are represented by Rhett Francisco of Woodland Hills, California.


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Updated November 15th, 2012


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