Apple Inc. are facing yet another lawsuit and in this instance they are being sued over the fact that iOS 8 takes up too much storage on Apple’s 16GB devices. Miami residents Paul Orshan and Christopher Endara filed the complaint on Tuesday in California. The plaintiffs allege that up to 23.1 percent of the phone’s storage capacity is taken up once iOS 8 is installed.

They complaint states 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”.

They are further accusing Apple of using “sharp business tactics”, providing users with less storage capacity than advertised and then forcing users to pay for their iCloud storage system.

Back in September, ARS Technica took a look at the large amount of storage space that iOS 8 uses and found that it consumed about 740MB on iPhones and 1.03GB on iPads.

This is not the first time that Apple has faced a lawsuit regarding storage. The most notable was a lawsuit filed in 2007 over the advertised storage on iPods. The plaintiff in the case alleged that his 8GB iPod Nano actually only had usable storage of 7.34GB after formatting. The Court of Appeal dismissed the lawsuit in June 2012.

Time will tell whether Apple will be able to fight off another storage lawsuit.

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