In 2014 Paul Orshan filed a lawsuit against Apple claiming it violated consumer protection law by not shipping devices with the marketed storage amount. For example, when you purchase a 128GB device, the actual storage free on the device is much less since the system takes up space.
At the time he claimed iOS 8 took up around 3 to 3.5GB of space for iPhones and iPads with 16GB of storage. But today, three judges in the 9th Circuit Court of Appeals overrode the decision of a past judge who dismissed the claim.
The 9th Circuit Court of Appeals says the case ended without sufficient conclusion and that it had raised more questions than it had answered. Orshan dropped the charges shortly after it was present after Apple started to advertise that “actual formatted capacity” would be less than what is being sold for.
In a judge reversing the decision, a judge wrote:
“Consumers with a wide range of technological needs and varying degrees of technological sophistication purchase Apple’s products. It is not possible to determine without factual development whether it is reasonable for iPhone and iPad consumers to have expected that they would not be denied use of such a substantial portion of the advertised storage capacity.”