Scribd has details on a class action lawsuit filed last week against NVIDIA and GIGABYTE over performance claims for the NVIDIA GeForce GTX 970 GPU, further fallout from how performance suffers on these units when accessing more than 3.5 GB of their 4 GB of RAM (thanks PCWorld via Blend Games). Here's a bit:

The Defendants engaged in a scheme to mislead consumers nationwide about the characteristics, qualities and benefits of the GTX 970 by stating that the GTX 970 provides a true 4GB of VRAM, 64 ROPs, and 2048 KB of L2 cache capacity, when in fact it does not. Defendants’ marketing of the GTX 970 was intended to and did create the perception among purchasers that the product was, in fact, able to conform with the specifications as advertised. This deception has already resulted in a petition of over 8,100 purchasers who have requested that the FTC take action against Nvidia and asking for full refunds.