Plaintiffs have filed a federal consumer protection class action against Apple Inc. on behalf of California consumers who purchased new 16 GB iPhones or iPads with iOS 8 preinstalled, alleging that Apple misrepresented the amount of usable storage available on the devices.
The case, Orshan et al. v. Apple Inc., is pending in the United States District Court for the Northern District of California (Case No. 5:14-cv-05659-EJD). The lawsuit alleges that Apple sold 16 GB iPhones and iPads with the iOS 8 operating system preinstalled, which occupied approximately 3 GB of the device’s storage capacity. Plaintiffs claim that Apple’s advertising led consumers to believe they would have access to the full 16 GB of storage for personal use.
On September 30, 2024, the Court granted class certification, allowing the case to proceed as a class action on behalf of individuals who purchased new 16 GB iPhones or iPads in California between September 17, 2014, and September 30, 2016.
According to the complaint, consumers paid a premium for devices advertised as having 16 GB of storage, despite a significant portion being unavailable due to the preinstalled operating system. Plaintiffs allege this practice deprived consumers of the benefit of their bargain and violated California consumer protection laws.
The Court has appointed Cuneo Gilbert & LaDuca, LLP and co-counsel to represent the certified class. Charles LaDuca and Rob Shelquist serve as co-counsel for the plaintiffs.
Class members who wish to exclude themselves must do so by December 29, 2025.
The case is Orshan et al. v. Apple Inc., Case No. 5:14-cv-05659-EJD, pending in the U.S. District Court for the Northern District of California.