Two iPhone users have launched a lawsuit against Apple, claiming the company misrepresents storage on certain devices after users upgrade to the iOS 8 operating system.

Miami residents Paul Orshan and Christopher Endara filed the complaint in California on Tuesday, Dec. 30, 2014.

“The defendant fails to disclose to consumers that as much as 23.1% of the advertised storage capacity of the devices will be consumed by iOS 8 and unavailable for consumers when consumers purchase devices that have iOS 8 installed,” Jonas Mann of law firm Audet and Partners wrote in the complaint.

The complaint further states that upgrading from iOS 7 to 8 can cost users up to 1.3 gigabytes of memory.

The Miami residents are looking to turn the complaint into a class action lawsuit and are seeking $5 million in damages.

Although electronics manufacturers typically advertise storage capacity without revealing how much is used by operating systems and other pre-installed software, the plaintiffs allege that Apple prevents consumers from adding extra storage through microSD cards. They note that the company advertises pay-for cloud storage when internal memory is full.

Many other manufacturers provide a means for users to add more storage with microSD cards.

TIME reports that affected Apple products include the iPhone 5S, 6 and 6+ models.

The lawsuit states the company is using “sharp business tactics” to cash in on a “desperate moment” for users, like “trying to record or take photos at a child or grandhcild’s recital, basketball game or wedding,” TIME reports.

Apple has yet to comment on the lawsuit, The Guardian reported.

(With reports from BBC, The Guardian and TIME)