The suit, filed Tuesday in federal court in Northern California, charges that Apple’s new iOS 8 operating system hogs as much as 23 percent of the storage available on Apple’s gadgets rated at 16 gigabytes.
That effectively leaves many of its devices with 13 gigabytes or less of available storage, according to the suit.
To make matters worse, the suit gripes that Apple is exploiting the situation by offering storage-starved customers additional space on its paid iCloud service.
Apple “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 charged.
Apple does not allow frustrated customers who have upgraded to iOS 8 to revert to earlier operating systems, the suit claims.
The new operating system was blamed for a glitch that disabled cell service for users of the new iPhone 6 shortly after its launch in September. Apple quickly fixed the problem.
The suit, which seeks class-action status and at least $5 million in damages, was filed by two Miami-based customers, Paul Orshan and Christopher Endara.
In 2012, Apple fended off a lawsuit in Canada that alleged it had misled consumers about the storage available on iPods.
In mid-December, Apple was cleared of allegations in a decade-long case in which it was accused of locking out of its iPods music-downloading services that compete with iTunes.
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