Apple's latest iOS update has earned the company a lawsuit. Filed by Miami residents Paul Orshan and Christopher Endara, the complaint alleges that Apple has failed to disclose the exact amount of storage the operating system will use.

According to the lawsuit, which focuses on 8 GB and 16 GB Apple devices, once installed the iOS 8 update can take up as much as 23% of the advertised storage capacity on these devices.

The complaint notes that there is a difference between the advertised amount of storage available for users on a device and the actual storage available. "Apple's misrepresentations and omissions are deceptive and misleading because they omit material facts that an average consumer would consider in deciding whether to purchase its products," the complaint says.

In addition, the class action lawsuit claims that the iPhone maker exploited the space constraints by aggressively marketing its paid cloud storage service iCloud. "Using these sharp business tactics, defendant gives less storage capacity than advertised, only to offer to sell that capacity in a desperate moment, e.g., when a consumer is trying to record or take photos at a child or grandchild's recital, basketball game or wedding."

Released back in September, iOS 8 takes up approximately 1.1 GB of space, while its over-the-air installation requires around 5.7GB of free space on your device – the number varies depending on the device, shooting up to 7GB on certain iPad models.

This isn't the first time Apple has been sued over such concerns. Back in 2007, the company was slapped with a similar lawsuit alleging that it misrepresented the amount of storage space on the iPod nano. That lawsuit was ultimately dismissed, so it will be interesting to see whether this one holds up in court.