Apple iOS 8 Litigation

Orshan et al. v. Apple Inc., No. 5:14-cv-05659-EJD
U.S. District Court for the Northern District of California

If you purchased a new 16 GB iPhone or iPad in California, with iOS 8 preinstalled, between September 17, 2014 and September 30, 2016, you could be included in a class action lawsuit.

A class action lawsuit, Orshan et al. v. Apple Inc., No. 5:14-cv-05659-EJD (“Orshan v. Apple” or “Orshan”), is pending in the United States District Court for the Northern District of California (the “Court”) against defendant Apple Inc. (“Apple”).  The lawsuit alleges that some new 16 GB iPhones and iPads sold between September 17, 2014 and September 30, 2016 came with a preinstalled operating system, iOS 8, which occupied approximately 3GB of those devices’ 16GB storage capacity.  The plaintiffs in the lawsuit claim that Apple made misrepresentations and omissions concerning the devices’ storage capacity and the size of iOS 8.  Specifically, the plaintiffs contend that since iOS 8 occupied approximately 3 GB of the devices’ storage capacity, Apple misled consumers into believing they would have more storage capacity available for their personal use than they received.  Apple denies that it did anything improper or unlawful, and Apple has asserted numerous defenses to the claims in this case.

This website is provided as a service to eligible settlement participants. The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Notice of Class Action Settlement.

What Are My Options?

Do Nothing

Stay in this lawsuit. Await the outcome. Give up certain rights.
By doing nothing, you keep the possibility of getting money or benefits that may come from a trial or a settlement. But you will give up any right to sue Defendant separately about the claims in this lawsuit.

Exclude Yourself

— Deadline: January 29, 2026

Get out of this lawsuit. Get no benefits from it. Keep rights to sue Apple on your own.
If you ask to be excluded and money or benefits are later awarded in this case, you will not receive a portion of them. But you will keep any rights to sue Apple separately about the same legal claims in this lawsuit.