If you unwrapped a new i-gadget this holiday season, you may have received an unpleasant surprise over how much of the 16g storage is actually available to you.

Some consumers are taking Apple to court over the difference between advertised storage space and what's available for real use for apps, music and movies across all platforms, from the iPod and iPhone to the iPad.

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According to the BBC, a complaint was filed Tuesday by two people from Miami, Paul Orshan and Christopher Endara.  They claim the latest operating system, iOS 8, can take as much as 23 percent of the memory on some devices from the tech giant.

Because of the size of the memory used for iOS8, the pair say it is forcing Apple users to sign up for the fee-based version of the company's iCloud storage system, CBS News reported.

This is not the first time for Apple to be questioned about storage on its devices.

CBS found Apple had been sued, and won the case, that claimed the advertised memory for an iPod in 2007 was more than 7 percent more than was available to owners - an 8GB player only had 7.45GB of available storage.

As part of this new complaint, the Wall Street Journal reported, the plaintiffs said Apple products don't have a way to use a memory card like other manufacturers.

An Apple representative did not comment when asked by multiple media outlets.