Apple Storage Capacity Class Action Seeks Class Certification

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Apple Storage Capacity iOS8 Class Action Lawsuit Overview: 

• Who: Paul Orshan, Christopher Endara, David Henderson and Steven Neocleous have asked for class certification in their class action lawsuit against Apple Inc. 
• Why: Consumers claim Apple deceived them about the personal storage capacity of its older mobile devices, which had less space than advertised after its iOS 8 update was installed.
• Where: The class action lawsuit is being litigated in California federal court.

Consumers who allege Apple misled them about the storage capacity of its older iPhone and iPad versions have asked a California federal judge to grant them class certification. 

Plaintiffs Paul Orshan, Christopher Endara, David Henderson and Steven Neocleous claimed in a 2014 class action lawsuit that Apple deceived them about the personal storage capacity for its older mobile devices. They argue a variety of older iPhone and iPads didn’t actually contain 16 GB of personal storage as promised by Apple. 

“The fundamental claim of this action is that the members of the class, including plaintiffs, were deceived into purchasing (and paying a higher price for) the devices based on the promise of 16 GB available for their personal use,” the memo states. 

Apple’s promise of 16 GB of personal storage was not true on account of its iOS 8 update taking up a lot of space after being installed on the devices, the class action lawsuit alleges.

Apple Consumers Paid More on Belief They Had More Storage Space

Consumers ultimately ended up paying more due to a belief that they would have more personal storage than what turned out to be true, according to the class action lawsuit. 

Orshan, Endara, Henderson and Neocleous are requesting certification for two separate classes of consumers, one that purchased a 16 GB Apple mobile device with iOS 8 already installed and one of consumers who bought a device containing an older version of iOS but later installed the iOS 8 update.

The iOS 8 update, which was released in 2014 and 2015, took up 3 GB of storage space and rendered its 8 GB and 16 GB iPhone, iPad and iPod devices as unable to fulfill their promised capacity, the class action lawsuit alleges. 

An amended version of the class action lawsuit was dismissed in March 2018 after the judge overseeing the case determined consumers hadn’t properly specified where Apple had made a statement that misled them, Law360 reports.

The judge would dismiss another amended complaint in November 2018 after ruling that the consumers had not properly addressed the same issue that led to the initial dismissal, Law360 reports. 

The dismissal was reversed by the Ninth Circuit in May 2020. 

A separate class action lawsuit was filed against Apple in January by a consumer claiming the company’s iPad Mini 6 contains a visual disturbance known as a “jelly scroll defect,” which causes nausea and vomiting, among other things. 

Have you paid for a fake app or scam in the Apple App Store or Google Play Store? You may be eligible to join a free fake app lawsuit investigation! 

The plaintiffs are represented by attorneys with Audet & Partners LLP, Cuneo Gilbert & LaDuca LLP, Handley Farah & Anderson PLLC, Lockridge Grindal Nauen PLLP, Halunen & Associates and Baron & Herskowitz.

The Apple Storage Capacity iOS8 Class Action Lawsuit is Orshan, et al., v. Apple Inc., Case No. 5:14-cv-05659, in the U.S. District Court for the Northern District of California.

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