The lawsuit claims that that upgrades to the iOS 8 operating system are causing the phone’s memory to fill up, and that the company has misled customers about it.
Miami residents Paul Orshan and Christopher Endara accuse Apple of “storage capacity misrepresentations and omissions” relating to Apple’s 8GB and 16GB iPhones, iPads and iPods. Orshan has two iPhone 5 and two iPads while Endara had purchased an iPhone 6.
They say that upgrades to the operating system end up taking up as much as 23 percent of the storage space on their devices and they have lots of 8 x 10 coloured glossy pictures with the circles and arrows and a paragraph on the back of each one to prove it.
“In addition to making material misrepresentations and omissions to prospective purchasers of Devices with iOS 8 pre-installed, Apple also makes misrepresentations and omissions to owners of Devices with predecessor operating systems,” according to the complaint, which seeks class-action status for others who bought 16GB devices.
“These misrepresentations and omissions cause these consumers to ‘upgrade’ their Devices from iOS 7 (or other operating systems) to iOS 8,” it said. “Apple fails to disclose that upgrading from iOS 7 to iOS 8 will cost a Device user between 600 MB and 1.3 GB of storage space – a result that no consumer could reasonably anticipate.”
The motive for the alleged crime is that it encourages customers to move to the monthly-fee-based iCloud storage system. Apple “aggressively” marketed the iCloud about the same time that it launched the new OS.
“Using these sharp business tactics, Defendant gives less storage capacity than advertised, only to offer to sell that capacity in a desperate moment, such as when a consumer is trying to record or take photos at a child or grandchild’s recital, basketball game or wedding,” the lawsuit contends. “To put this in context, each gigabyte of storage Apple short-changes its customers amounts to approximately 400-500 high resolution photographs.”