Apple’s legal team has a new case on its hands. The company has been accused of misrepresenting available storage in an iPhone running iOS 8 which has resulted in a class-action lawsuit. It was filed in a California court yesterday for plaintiffs Paul Orshan and Christopher Endara. The allegation is that Apple doesn’t correctly disclose the amount of usable storage that users have left once the device is on iOS 8.

The class-action lawsuit uses the term “expectedly large percentage” when describing the storage space taken up by system files once the device is updated to the latest firmware. It narrows this down to devices with 8GB and 16GB onboard storage, where the real brunt is felt once a couple of GBs worth of storage is no longer accessible.

iPod touch is mentioned as an example in this class-action lawsuit. Their calculations show that 3.7GB of capacity is unavailable to a user on a 16GB model, which makes up 23.1 percent of the represented storage. The percentage is as high as 21.3 percent on iPad Air and 20.6 percent on the iPhone 6 Plus.

It is alleged that “reasonable consumers” would not have foreseen that this would happen once they updated to iOS 8, and that Apple is using limited storage space on these smartphones to push customers towards paid iCloud storage.

The plaintiffs have requested that the court mandate it for Apple to pay restitution to all affected consumers, and “engage in a corrective notice campaign.”

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