It looks like the GeForce GTX 970 memory allocation issue is not going to go away for NVIDIA. Owners of the card have put together all of the technical information and have filed a class-action lawsuit in a US Court (District Court for the Northern District of California). The lawsuit is titled, “Andrew Ostrowsky (and others in similar situation) vs. NVIDIA Corporation and GIGABYTE Global Business Corporation”. The lawsuit accuses the defendants of unfair, unlawful, and deceptive business practices, in three separate charges, and misleading advertising, demanding for Jury Trial.
The Lawsuit states that the amount in controversy exceeds $5 million and has over 100 class members meeting the diversity clause, with the plantiff and numerous Class members being citizens of different states than the defendants. The lawsuit has accused the defendants of misleading buyers of the GeForce GTX 970 graphics cards saying that the card had 4GB of memory not the actual 3.5 GB with a 0.5 GB “spillover”, ROP count as 64 not the actual 56, and the ROP count advertised as 2 MB not the actual 1.75 MB.
If you happen to be an eligible class member you can find out the law firms involved in the lawsuit document.