LOS ANGELES (CBSLA.com) — Apple is being sued by a man who claims the company did not disclose that the storage space taken up by the iOS8 operating system when bought pre-installed on various devices leaves little room for the consumer’s own files.

Jerry Jacobson filed the proposed class-action lawsuit Tuesday in Los Angeles Superior Court, alleging violation of various laws meant to protect California consumers. He is seeking restitution, as well as a court order directing Apple to stop the allegedly deceptive practice.

According to the lawsuit, Jacobson bought iPhones and iPad Minis at various times between 2012 and 2014 at the Best Buy store in Woodland Hills. All of the devices advertised they had 16 GB of storage space, except for one iPad Mini, which contained 8 GB.

Jacobson was unaware that the iOS 8 system leaves more than 23 percent of the advertised storage space inaccessible for other uses, according to the lawsuit.

Plus, those who upgrade from iOS 7 to iOS 8 at Apple’s prompting are unaware that it will cost a device between 600 MB and 1.3 GB of storage space, “a result that no consumer could reasonably anticipate,” according to the suit.

Apple currently does not allow users to have upgraded to iOS 8 to revert to iOS 7.

Apple “exploits” the capacity dilemma by offering cloud storage capacity at prices ranging from 99 cents to $29.99 a month and prevents consumers from buying such extra space elsewhere, according to the lawsuit.

Apple’s closing price Tuesday gave it a market value of $700 billion.

Comments