Customers suing Apple for false advertising

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NEW YORK (CNNMoney) – A popular phone company is now at the heart of a lawsuit related to false advertising.

If you have a 16 GB iPhone, you have probably noticed that you don’t really have 16 GB of storage space.

Some of that space is taken up by Apple’s iOS software.

Two customers in Miami are suing Apple for $5 million after they say the iOS 8 software took up 3 GB of their storage space.

“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 plaintiffs say in their complaint.

Rather than try to use the space on smartphones, many customers rely on cloud services, like Apple’s iCloud.

“Apple exploits the discrepancy between represented and available capacity for its own gain by offering to sell, and by selling, cloud storage capacity to purchasers whose internal storage capacity is at or near exhaustion,” the complaint says.

Apple did not comment on the lawsuit.

Now, the plaintiffs are seeking permission to make their complaint a class action suit.

This is not the first time Apple has been sued for misleading customers about storage space.

In 2007, angry iPod Nano customers filed a lawsuit against Apple for only providing 7.45 GB of storage in their 8 GB iPods. That case was ultimately dismissed.

Other companies have faced similar lawsuits. Microsoft was sued in 2012 for falsely advertising the amount of storage available to Surface tablet customers.

But those tablets, which run the much more data-intensive Windows operating system, actually have less than half their 32 GB of advertised storage available for customers’ use.

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