Apple is currently facing a serious lawsuit as two Apple product users claim that the company is misrepresenting the amount of storage space available in their 16GB iPhones and iPads.

The lawsuit was filed on Dec. 29 by two men from Florida, Christopher Endara and Paul Orshan. Both are suing Apple over false advertising and "unfair, unlawful and fraudulent business acts or practices."

According to the lawsuit, they felt that the Cupertino-based company failed to inform its consumers that they are unable to utilize the full extent of the 16GB storage space, since a fifth of the devices' memory was already used for pre-installed apps and the operating system. Based on their calculations, 19 to 21 percent of the 16GB phone memory is inaccessible to users.

Apple is also being accused of using the inaccessible memory to urge consumers to pay for iCloud premium plans, charging $0.99 a month for an extra 20GB, $3.99 for 200GB or $19.99 for 1TB.

The duo and their camp singled out the iOS 8 for taking up 23.1 percent of the storage of some devices and an upgrade from the iOS 7 to the iOS 8 ended up taking 1.3GB space.

The pair are also claiming that Apple does not permit users to access cloud storage from other vendors. It is a surprising claim as Apple via iTunes storage allows users access to apps such as Google Drive, One Drive, Dropbox and more.

The pair is asking a California federal judge to label the lawsuit as a class action suit so more iDevice users will be able to participate. They are also seeking damages of more than $5 million.

"We feel that there are a substantial amount number of Apple consumers that have been shortchanged, and we'll be pursuing the claims vigorously," said William Anderson, a lawyer of Washington, D.C. law firm Cuneo Gilbert & LaDuca.