Apple is facing yet another lawsuit, and this time it’s because of the amount of memory space the iOS 8 update takes on the iPhone, iPad and the iPod.

The complaint was filed in California by Paul Orshan and Christopher Endara, who are residents of Miami, and it claims that when they purchased their 16GB iPhone 5s, it already had less then the claimed amount of usable space, and this was further reduced after updating to iOS 8 from iOS 7. With Apple, all of their devices including the iPhone, iPad or the iPod don’t come with expandable storage, and that’s why the claimed storage space is very important for the user.

Apple iOS 8

 iOS 8 – Apple’s misrepresentations

According to ZDNet, the complaint says that “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.”

“Rather ironically, Apple touts iOS 8 as ‘The biggest iOS release ever.’ Of course, Apple is not referring to the literal size of iOS 8, which appears to be entirely undisclosed in its voluminous marketing materials extolling the purported virtues of iOS 8.”

This problem is of concern to many users around the globe, especially those who have 16GB devices. After updating to iOS 8, Apple’s latest mobile operating system, they now have lesser free space on their device, as the OS takes up 23.1%of the overall storage space. On the iPhone 5s, out of 16GB, only 12.2GB is available to the user, whereas on the iPhone 6 and iPhone 6 Plus, 12.1GB and 11.8GB usable storage space is available to the user.

 iOS 8 – Apple giving less storage capacity than advertised

“Using these sharp business tactics, [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 complaint says.

Further, this complaint states that iOS device users are forced to purchase iCloud storage service because of less space beeing available on their device.

For a company like Apple, maybe this is just another lawsuit, but for end users, this is clearly a legitimate ad important complaint. It will be worth watching to see what Apple has to say about the situation.