We knew it was coming. After Nvidia misrepresented its otherwise excellent high-end beast, the GTX 970 as a 4GB card, and the subsequent realisation that it was in fact less powerful than the back of the box suggested we expected a class action lawsuit. Welp, here it is.
The proposed suit has been filed against both Nvidia for developing the card, and Gigabyte for producing its own variant of the 970. According to the claim, by “Andrew Ostrowski” that both companies partook in:
- Unfair business practices.
- Deceptive business practices.
- Unlawful business practices.
- Misleading advertising.
Here’s what the complaint states:
This is a nationwide class action brought on behalf of all consumers who purchased graphics or video card devices incorporating the Nvidia GeForce GTX 970 graphics processing units “GPU” herinafter “GTX 970? or “GTX 970 devices” which were sold based on the misleading representation that the GTX 970 operates with a full 4GB of VRAM at GDDR5 (not a less performant 3.5GB with a less performant decoupled 0.5GB spillover), 64 ROPs (as opposed to 56 ROPs) and an L2 cache capacity of 2048KB (as opposed to 1792 KB) or omitted material facts to the contrary.
While this complaint is specifically against Nvidia and Gigabyte – because that’s the brand Ostrowski bought – other manufacturers can be dragged in to the affair as more people hop on the class action bandwagon.
As much as I think Nvidia’s GTX 970 is the current card to beat in regards to price to performance, and I hate class action lawsuits as they tend to be frivolous, I think there may actually be a case here. Nvidia’s admitted that it supplied incorrect specifications to initial reviewers – and whether it was intentional or a silly mistake as they claim is something that’ll be determined by the courts, I guess.
Last Updated: February 23, 2015