Is it misleading to advertise a tablet as having 32 GB of storage memory when only half of that number is actually available to the user? According to a new lawsuit over the new Microsoft Surface, the answer would be “yes.”

The lawsuit, filed with the Superior Court in Los Angeles claims that so much of the Surface’s advertised storage space is taken up by its operating system and pre-installed apps. For the 32 GB version, that equates to half the storage capacity, while the 64 GB version allegedly only has 46 GB available for customer use.

The L.A. Times recently compared the Surface’s storage space against its competitors and found that those other devices appear to offer significantly more storage space to buyers.

For example, the 32 GB Google Nexus 10 has around 27 GB of free space, while the 64 GB Apple iPad has 56 GB available to the user at launch.

Microsoft, which says the lawsuit is without merit, has tried to counter customer concern by saying that Surface users have access to 7GB of free cloud storage, which would put it closer in line with the competitors.

And unlike the iPad, the device also offers the ability to add storage with a microSD card or by attaching a USB drive.

The lawsuit, which is seeking class-action status, is not looking for any damages beyond refunds to customers and asking the court to stop Microsoft from advertising the storage space in the way it currently is.

“Microsoft is misrepresenting the storage capacity and capabilities of the Surface tablet, and consumers should know about it,” says the plaintiff’s lawyer.

Los Angeles man sues Microsoft over Surface storage claims [L.A. Times]

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