Tags: Apple | iPhone | storage capacity | lawsuit

Lawsuit: Apple Was Misleading on iPhone, iPad Storage Capacity

By    |   Friday, 02 January 2015 11:51 AM

A class-action lawsuit was filed this week against Apple, alleging the company engaged in false advertising relating to claims made about the storage capacity available in its iPhones, iPads and iPods.

"Apple's misrepresentations and omissions are deceptive and misleading because they omit material facts that an average consumer would consider in deciding whether to purchase its products," the complaint argues, according to ZDNet.

Apple has yet to respond to the lawsuit, according to news reports.

“In reality, nothing close to the advertised capacity of the devices is available to end users. Indeed, the discrepancy between advertised and available capacity is substantial and beyond any possible reasonable expectation,” plaintiffs’ attorney Jonas Mann wrote in a court filing.

The lawsuit was filed on Tuesday by Miami Apple customers Paul Orshan and Christopher Endara, who contend they were harmed because the operating system uses a significant percentage of the storage capacity on the iPhones, iPads and iPods that run it, which has resulted in a portion of the advertised space being unavailable to consumers.

In the lawsuit, they write that “[d]efendant 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,” according to Forbes.

It is not uncommon for manufacturers to advertise the storage capacity of their devices excluding preloaded operating software or applications.

Elise Ackerman, a contributor to Forbes, says the lawsuit may not succeed because the plaintiffs erroneously maintain that Apple does not allow consumers to revert from their upgrade iOS8 to earlier operating systems.

"But the plaintiffs' lawyers are on shaky ground when they assert that Apple doesn’t appear to permit 'users of its devices to access cloud storage from other vendors.'

"Apparently, they’ve never heard of Instagram, Dropbox, Flickr or Google +. These services offer simple solutions to the storage crunch, which also happen to be free. As my Forbes colleague Mark Rogowsky noted back in August, 'the cost of storing your data has been in free fall,'" argues Ackerman.

The iOS8 lawsuit is the latest court filing against Apple.

The software giant faces a separate lawsuit filed in California by Adrienne Moore, who says that after switching from an iPhone to a Samsung S5, she and others stopped receiving text messages even though her telephone number did not change, The Washington Post reported in November.

Apple did file a motion to dismiss, but U.S. District Judge Lucy Koh agreed to toss out only part of the lawsuit, ruling that the tech giant still had to respond to the suit’s tortious-interference claim.

In December, an eight-member jury in U.S. District Court rejected arguments made by attorneys for consumers and iPod resellers that Apple's use of restrictive software amounted to anti-competitive behavior, reported The New York Times.

Defending itself in the billion-dollar class-action iPod lawsuit, Apple maintained that the software provided was a necessary security protection.

In addition to the lawsuits, ZDNet columnist Adrian Kingsley-Hughes says Apple faces a range of challenges in 2015, including supply-chain issues and improving the way iOS updates are sent to consumers.

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A class action lawsuit was filed this week against Apple alleging that the company engaged in false advertising relating to claims made about the storage capacity available in its iPhones, iPads and iPods.
Apple, iPhone, storage capacity, lawsuit
Friday, 02 January 2015 11:51 AM
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