Sunday, February 22nd 2015
Class Action Lawsuit Filed against NVIDIA over GTX 970 Memory Issue
We haven't heard the last of NVIDIA's GeForce GTX 970 memory allocation controversy, not by a long shot. Owners of the card, after having compiled technical information and details over weeks, filed a class-action lawsuit in a US Court (District Court for the Northern District of California). The lawsuit, titled "Andrew Ostrowsky (and others in similar situation) vs. NVIDIA Corporation and GIGABYTE Global Business Corporation," accuses the defendants of unfair, unlawful, and deceptive business practices, in three separate charges, and misleading advertising, demanding for Jury Trial.
The lawsuit goes on to read that the amount in controversy exceeds US $5 million, and encompasses over 100 Class members, meeting the minimal diversity clause, with the plantiff and numerous Class members being citizens of different states than the defendants. The lawsuit accuses the defendants of misleading buyers of the GeForce GTX 970 graphics cards with memory amount (being 3.5 GB with a 0.5 GB "spillover," and not the advertised 4 GB), ROP count being 56 and not 64 (as communicated to the media at launch, and to buyers through them); and L2 cache amount being 1.75 MB and not 2 MB. If you are eligible to be a Class member, find details of the law firms involved in the lawsuit document.
The lawsuit goes on to read that the amount in controversy exceeds US $5 million, and encompasses over 100 Class members, meeting the minimal diversity clause, with the plantiff and numerous Class members being citizens of different states than the defendants. The lawsuit accuses the defendants of misleading buyers of the GeForce GTX 970 graphics cards with memory amount (being 3.5 GB with a 0.5 GB "spillover," and not the advertised 4 GB), ROP count being 56 and not 64 (as communicated to the media at launch, and to buyers through them); and L2 cache amount being 1.75 MB and not 2 MB. If you are eligible to be a Class member, find details of the law firms involved in the lawsuit document.
63 Comments on Class Action Lawsuit Filed against NVIDIA over GTX 970 Memory Issue
I wonder what OEMs are doing because they've been bearing the brunt of NVIDIA's screw up. They should be getting a much larger settlement than this class action.
I guess the starting point will be reimbursement of hardware cost + pain and suffering settlement + lawyers fees.....call it an even $10million per claimant.And just to show how speedy the justice system is, twelve months on and they're still at the arguing over fine print stage.
@btarunr
There was actually a second suit filed (Santiago v. Nvidia and Asus) at the same court.
I am with the others as the oems are the ones facing the brunt currently on this more than anything so they need to benefit from this if any significant amount of money is to be had. The rest of the people just need to return the card if they are not happy.
Quick comparison: Over 500 posts over three GTX 970 threads here, and 20 postson the Samsung 840/840 EVO issue (which has been a sagaas long as the GTX 970 has been available for sale, and still front page newsat virtually every other tech site) One piece of hardware doesn't deliver on the promise for a small minority of users, the other piece of hardware gives you less performance every time you use it (and Samsung haven't even acknowledged the issue with non-EVO parts AFAIK) for what is likely an equal or larger number of users.Well, set your alarm clock for next year, and we'll see if a District Court agrees with you....then of course the lawyers will want another bite of the cherry and appeal to the Supreme Court regardless of who wins.Silver lining FTW.
I don't think anything interesting is going to happen for some time.
Bad business decision to pull this stunt.
I'm not going to be playing at 4k, nor do I feel the need to max every single game that has SSAO or whatever else. I can still get two, run at triple 1080p surround and be fine.
You'll be happy to know that REALITY IS DIFFERENT from the headline grabbing news stories.
People going to work, going home, raising kids...it's much like anywhere. In fact, I don't think I know one single person ever in my life that sued someone.
btw here's the petition if your interested
www.change.org/p/nvidia-refund-for-gtx-970
Honestly returning the cards if your unhappy is the best option, its much simpler and can happen now versus years down the road. Though the OEM's need a little help from NVidia regarding this...