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Apple class action lawsuitOn Dec. 30, an iOS 8 storage class action lawsuit was filed against Apple Inc. by two Florida residents who allege the company falsely advertised the amount of storage available on its iPhone, iPad, and iPod devices.

Plaintiffs Parl Orshan and Christopher Endara of Miami have filed this iOS 8 storage class action lawsuit in federal court, claiming Apple “fail[ed] 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.” Orshan and Endara also allege Apple does not nothing to correct the discrepancy between an Apple product’s advertised space available and the actual space available for consumer’s personal use.

The previous Apple operating system, iOS 7, required 3.3 GB of space to download wirelessly and the operating system as a whole took up about 1 GB of storage. In comparison, the iOS8 takes about the same operating space, but needs 5.8 GB of available space to download, according to the Apple iOS 8 storage class action lawsuit.

The Apple iOS 8 storage class action lawsuit further claims that instead of correcting the space discrepancy, the company pushes consumers to buy more iCloud space. “Reasonable consumers, such as Plaintiff, do not expect this marked discrepancy between the advertised level of capacity and the available capacity of the Devices, as the operating system and other storage space unavailable to consumers occupies an extraordinary percentage of their Devices’ limited storage capacity,” the class action lawsuit states.

According to the Apple class action lawsuit, Orshan purchased two 16 GB iPhone 5s devices originally installed with iOS7 and two 16 GB iPads during the 2014 and 2012 years respectively. Orshan says he upgraded all four Apple products to the iOS 8 “with the belief that the upgrade would not substantially inhibit his available storage capacity.” He alleges that Apple failed to disclose to him or other consumers that iOS8 would devour his Apple devices’ additional storage capacity.

Similarly, plaintiff Endara purchased a 16 GB iPhone 6 under the similar belief that the advertised space reflected the actual space available on the device, but he lost much of the available storage space when he upgraded to the iOS 8, according to the Apple storage class action lawsuit.

Orshan and Endara have filed this Apple iOS 8 storage class action lawsuit on behalf of themselves and a Class all U.S. owners of iPod, iPad, and iPhone products with 16GB or less of storage space with iOS 8 either pre-installed or which was later upgraded the most recent system. The Apple class action lawsuit brings several claims against the company, including claims of violating California’s unfair competition law, California’s false advertising law, and California’s consumer remedies law.

The plaintiffs are represented by Audet & Partners LLP, Cuneo Gilbert & Laduca LLP, and Baron & Herskowitz.

The Apple iOS 8 Storage Class Action Lawsuit is Orshan, et al. v. Apple Inc., Case No. 5:14-cv-05659-NC, in the U.S. District Court for the Northern District of California.

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37 thoughts onApple Faces Class Action Lawsuit Over iOS 8 Storage Space

  1. Shannon says:

    I was receiving the same headache of not having enough storage and felt forced to purchase the extra amount that’s offered at a cost. I didn’t have much on my phone.. I’m so glad it isn’t just me. I am not a big fan of Apple

  2. Tami says:

    I also have a storage issue after upgrading. I only have 5 apps on my phone, no music and about 200 photos, yet I am always getting the storage is almost full alert, and at times am unable to take photos due to no storage space which forces me to delete photos. How do we go about getting in on this lawsuit?

  3. Murguia says:

    I have a iPhone 5 and every time I take it off the charger it tells me not enough storage space.. It’s just like them trying to make money off us the should provide the service that we pay for..

  4. Terry says:

    I, too, do not have any storage space to install the IOS8. How do we get on the class action suit against Apple. I will never have another Apple product!

  5. Mercedes says:

    I had to delete 100% of my music off the IPhone 5S so I could download the new OS. This sucks and I want in on this one!

  6. Tedra says:

    I have been experiencing this issue since I purchased my iPhone 6 in September! How do we get in on this lawsuit

  7. Debbie says:

    I Too Bought A New Apple Phone…I Get A Mess Daily Saying I DONT Have Enough Storage On My Phone…I DO NOT Have Anything On It, Just An update Through Apple…I have Grown Too HATE This Phone…I Just Bought It In NOV2014…

  8. JoAnne Sandoval says:

    How do we get in on the class action suit? We are having to pay for storage after my daughter changed to ios 8.

    1. Jennifer S says:

      I was wondering the same thing. This is what I found under the “Contact Us” tab…If you would like to be updated about a specific lawsuit or class action settlement you see on Top Class Actions, make sure to “Favorite” it by creating a FREE account or logging in to your existing account. Account holders will receive alerts every time one of their “Favorite” articles is updated with new information such as appeals, claim filing instructions, and settlement payments getting sent out.

    2. Gino says:

      Same problem with my new ipad air!

  9. Melanie says:

    I barely have any apps on my phone and I can only hold a little over 500 pictures on my phone. I had an android phone prior to my iPhone and could hold over 1,000 pics plus at least 10 or more apps no problem. The storage on my iPhone is ridiculous.

  10. ana reyna says:

    just bought iphone 6 plus, on 01/03/2015 I was trying to transfer my photos and contacts and it stated that I did not have enough storage and I was forced to buy additional storage and I still was not able to transfer over my photos and partial contacts only.

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