Apple named in class action lawsuit over storage capacity misrepresentations and omissions relating to use of Apple’s iOS 8 operating system

Apple Inc

This case challenges storage capacity misrepresentations and omissions relating to use of Apple’s iOS 8 operating system. As set forth in greater detail below, iOS 8 uses an unexpectedly large percentage of the storage capacity on 8 GB and 16 GB iPhones, iPads and iPods (the “Devices”).

According to the complaint Apple fails to disclose to consumers that as much as 23.1% of the advertised storage capacity of the Devices will be consumed by iOS 8 and unavailable for consumers when consumers purchase Devices that have iOS 8 installed. Reasonable consumers, such as Plaintiff, do not expect this marked discrepancy between the advertised level of capacity and the available capacity of the Devices, as the operating system and other storage space unavailable to consumers occupies an extraordinary percentage of their Devices’ limited storage capacity.

Moreover, after Defendant provides materially less than the advertised capacity on the Devices, Defendant aggressively markets a monthly fee-based storage system called iCloud. Using these sharp business tactics, Defendant 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. To put this in context, each gigabyte of storage Apple – its customers amounts to approximately 400-500 high-resolution photographs.

The complaint is brought on behalf of the following classes (“the Classes”): (1) (a) an “iOS 8 Purchaser Class” consisting of all persons or entities in the United States who purchased an iPhone, iPod or iPad with represented storage capacity of 16 GB or less with iOS 8 pre-installed for purposes other than resale or distribution, and (b) an “iOS 8 Purchaser CLRA Subclass” consisting of all persons in the United States who purchased an iPhone, iPod or iPad with represented storage capacity of 16 GB or less with iOS 8 pre-installed for personal, family or household use within the four years preceding the filing of this Complaint, (2)(a) an “Upgrade Class” consisting of all persons or entities in the United States who upgraded an iPhone, IPod or iPad with represented storage capacity of 16 GB or less to iOS 8, and (b) an “Upgrade CLRA Subclass” consisting of all persons or entities in the United States who upgraded an iPhone, IPod or iPad used for personal, family or household use with represented storage capacity of 16 GB or less to iOS 8.

Complaint

 


Majid G. said
1594 days ago
I would like to join this class action if possible.


Karen H. said
467 days ago
Same

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