Class action filed over Apple's iOS 8 operating system

By Legal News Line | Feb 9, 2015

SAN FRANCISCO (Legal Newsline) - Two individuals filed a class action lawsuit against Apple on Tuesday over allegations of unfair competition, false advertising and unjust enrichment based on product claims.

Steven Neocleous, of Flushing, N.Y, and Shaefer Wiese, of Minneapolis, alleged in the suit that Apple misrepresented the storage capacity on its 8 and 16 gigabyte products.

Specifically, Neocleous and Wiese alleged that the iOS 8 operating system uses a larger percentage of storage than expected because up to 23 percent of an Apple device's capacity may be inaccessible due to mandatory preinstalled software. They also alleged that Apple knowingly omits this information and that consumers are confused by the language contained in accompanying product information.

The suit seeks an order requiring corrective disclosure by Apple, restitution, disgorgement, attorneys’ fees and costs.

Plaintiffs are represented by Michael McShane and Jonas Mann of Audet & Partners, LLP in San Francisco; Clayton Halunen and Melissa Wolchansky of Halunen & Associates in Minneapolis; Charles Laduca, Matthew Miller and William Anderson of Cuneo Gilbert & Laduca LLP in Washington, D.C.; Robert Shelquist of Lockridge Grindal Nauen PLLP in Minneapolis; and Jon Herskowitz of Baron & Herskowitz in Miami.

U.S. District Court for the Northern District of California case No. 5:15-cv-00501

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