While there have been plenty of reporting regarding Nvidia's memory issues allocation issues on the GTX 970 it appears that this is far from over as some owners have filed a class-action lawsuit in a US Court against both Nvidia and Gigabyte for unfair, deceptive and unlawful business practices as well as misleading advertising.
The lawsuit, titled Andrew Ostrowsky (and others in similar situation) vs. NVIDIA Corporation and GIGABYTE Global Business Corporation," was filed at the US District Court for the Northern District of California and accuses both the Nvidia Corporation and Gigabyte Global Business Corporation for unfair, deceptive and unlawful business practices as well as misleading advertising.
While Gigabyte has been pulled into this lawsuit mainly because the plaintiff, Andrew Ostrowski, bought two Gigabyte GTX 970 graphics cards, there is a big possibility that other Nvidia AIB partners will be pulled in as more people join this class action lawsuit.
The lawsuit states that the amount of damages exceeds US $5 million and has over 100 Class members, which was enough to meet the minimal diversity clause. In case you somehow managed to miss it, Nvidia GTX 970 actually feature 3.5GB of faster and 0.5GB of slower memory which causes some issues while Nvidia also missed both the ROP count, which was 56 and not 64 as originally announced, and L2 cache which was 1.75MB and not 2MB.
Those that are eligible to be a part of the lawsuit can
check out more details in the lawsuit document.
Source:
Techpowerup.com.