Apple faces yet another class action lawsuit, this time alleging the firm is misleading customers when it publishes iPod capacity figures.

iPods are sold in 2GB, 4GB and so on capacities. However, these capacities are actually slightly less than advertised, partially due to the pre-installed operating system on the devices.

Montreal law student, David Bitton, first noticed this discrepancy when he took a look at his new '8GB' iPod nano - a device in which actual capacity was 7.45GB.

Bitton has filed a class action lawsuit in the Quebec Superior Court, a lawsuit that notes all Apple products offer on average 7.5 per cent less storage than claimed. He's demanding a full refund or a 7.5 per cent refund on the product price to compensate for the 'missing' data space.

Apple may have little to worry about because it warns customers on its website that: "Actual formatted capacity" is "less" than the advertised amount. Bitton counters that this explanation isn't sufficiently clear for less tech-savvy customers.