A Los Angeles lawyer is suing Microsoft claiming that its Surface doesn't have 32 GB storage because it is filled up with pre-loaded software.

Andrew Sokolowski bought a Surface and within a week had filled up his 32 GB of storage. He thinks that Microsoft is misrepresenting the storage capacity and capabilities of the Surface tablet, and consumers should know about it. Most of the reason is that half of the 32 GB is used for the operating system as well as pre-installed apps. He notes that the  64 GB Surface also has just 46 GB of free space.

Microsoft lists the free-space capacity on its website, but does tend to call it the 32 GB or 64 GB model. Sokolowski, who filed the lawsuit with the Superior Court in Los Angeles, is seeking class-action status.  But he does not want cash, just for Vole to stop what he says is a misrepresentation of the Surface's features and refund buyers of the tablet. Sokolowski's lawsuit is about protecting consumers as we head into the holiday shopping season, according to Rhett Francisco, the lawyer's lawyer.

Though Francisco admits that Microsoft does acknowledge the Surface has less free space than is advertised, you need to be an expert to find it on the site. Needless to say Vole said the lawsuit is without merit. According to the Sydney Morning Herald a spokesVole said that every customer knows that the operating system and pre-installed applications reside on the device's internal storage thereby reducing the total free space.

If they want more space then the Surface has the ability to attach additional storage via the integrated microSD slot or full-size USB port.