It seems every year with a new iOS, iPhone users simply accept that their devices will have a little less storage than the year before.

While most of us simply carry on with our lives after having lost a fraction of a gigabyte each year, it seems some customers are not in the mood to just let it go.

Miami residents Paul Orshan and Christopher Endara have filed suit against Apple Inc. for false advertising, stating that the 16GB iPhones and iPads they purchased do not have the advertised 16GB of storage space, and that this was made worse after upgrading to iOS 8 which, according to hard numbers, takes up 18.1 percent of the available storage on an iPhone 5S. When upgrading to the iPhone 6 Plus, the situation worsens to 20.6 percent, representing a loss of 3.3 Gigabytes.

The complaint reads, "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." Of course, Apple conveniently offers the next size up for $100 more.

It continues on to assert that Apple is then pressuring the purchasers of 16GB models to pay for extra storage on iCloud. "Using these sharp business tactics, [Apple] 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," the complaint reads, "To put this in context, each gigabyte of storage Apple shortchanges its customers amounts to approximately 400-500 high resolution photographs."

The class action lawsuit is seeking damages in excess of $5 million, pennies for a company with over $150 billion in cash.