On Tuesday, a consumer rights lawyer brought suit against Microsoft, claiming that the Surface tablet that he purchased didn’t have all the storage space as advertised. Andrew Sokolowski, a lawyer in Los Angeles, bought a 32 GB Surface tablet on November 7. Sokolowski claims that half of the tablet’s storage space was consumed by the Windows RT operating system and a few pre-installed apps, such as Microsoft Office, which left him with only 16 GB of available storage space. As a result, his microsoft tablet quickly ran out of storage when he loaded some music and documents. Generally, consumers cannot delete core application and files, so Sokolowski had no way to free up more storage space.

Sokolowski’s lawyers filed suit at the Superior Court in Los Angeles, alleging false advertising and unfair business practices. Seeking class action status, Sokolowski intends to force Microsoft to change its advertising practices and give customers the revenue and profits that resulted from its wrongful conduct.

Microsoft denies the claims, stating “Customers understand the operating system and pre-installed applications reside on the device’s internal storage thereby reducing the total free space.”

Microsoft also points out that the Surface website offers information about how much free disk space is available. Moreover, it is commonly known that mobile devices have less usable storage space than advertised.

Sokolowski argues that the details about usable storage space are buried in the website, and he did not see them.

According to the Microsoft website, a 32 GB Surface tablet has 16 GB of free storage space and is available for $499.  The 64 GB version has about 45 GB of free storage space, and costs $699.

Source: Associated Press

About the author

Matt Faustman

Matt Faustman

Matt is the co-founder and CEO at UpCounsel. Matt believes in the power of online platforms to change antiquated ways of life and founded UpCounsel to make legal services efficiently accessible. He is responsible for our overall vision and growth of the UpCounsel platform. Before founding UpCounsel, Matt practiced as a startup and business attorney.

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