The FTC shouldn't be involved anyway. Is it not true that the system comes with a 64GB SSD? How much of it is free doesn't really matter for the sake of advertising. It's a Surface Pro with a 64GB SSD. This is a hard fact. It might be disappointing, but worthy of legal action? Doubtful. If it was, people would have sued over formatted capacity a long time ago.
It should at least note that only 21gb of space is available in the advertising. The consumers won the lawsuit when screen sizes did not match the advertised screen sizes for monitors.
Maybe microsoft should release a 32gb version of the tablet where you're not allowed to store anything on there. Or if you want to be really sleazy, they could put 128gb of dead chips in there so that they could advertise 128gb of storage where 0gb are actually available.
Don't forget when they used to label backup tapes at twice their actual capacity by "assuming" that your backups gave you 2-1 compression. I got burned hard by that one.
