Paul Orshan and Christopher Endara have accused Apple of “unfair, unlawful, and fraudulent business acts or practices,” including false advertising. They allege that Apple has misrepresented the amount of storage room available, and failed to disclose the amount of storage the iOS8 operating system uses. Additionally, they claim Apple then “aggressively” marketed its iCloud storage to users.
Orshan’s and Endara’s lawyers claim Apple failed to disclose that a fifth of the 16GB storage space in low-end iPhones and iPads is taken up by the operating system and pre-installed apps. This leaves iPhone and iPad owners with a reduced amount of storage space for their own content, such as images, videos, and other files.
“Reasonable consumers 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 complaint filed Dec. 29, 2014 stated.
By their calculations, a 16GB iPhone 6 has only 13GB of storage space available to the user, the rest of it being taken up by its operating system and applications that come pre-installed, with similar limitations for the 16GB iPhone 6 Plus and 16GB iPad Air, thus rendering from 19 percent to 21 percent of storage space inaccessible to users.
Apple offers 5GB of free space on iCloud to iPhone users, however it charges $0.99 per month for an extra 20GB, with other plans ranging from $3.99 monthly for 200GB to $19.99 for 1TB.
Other storage cloud options do exist apart from those offered at a premium from Apple, such as Dropbox, Microsoft’s OneDrive, and Google Drive.
The two Florida men have asked the California federal judge to designate the lawsuit as a class action so that others can participate.
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