@DeadSanto123 We are always improving performance through drivers but there are no plans for an update specifically for the GTX 970. — NVIDIA GeForce (@NVIDIAGeForce) January 29, 2015

Defendants failed to disclose the true specifications of the GTX 970, despite having evidence to the contrary in their exclusive possession and control prior to sale. Coupled with their affirmative statements to the contrary, Defendants’ material omission that the GTX 970 actually does not perform as represented, would be likely to, and did, mislead reasonable consumers who would purchase these products.

Anyone returning their GTX970 and wanting a great deal on a Radeon with a full 4GB please let us know. @NVIDIAGeForce @stoakley — [email protected] (@amd_roy) January 28, 2015

After several months of disagreement between gamers and Nvidia, a class-action lawsuit has been filed against the hardware developer. The suit alleges Nvidia misled customers regarding its GeForce GTX 970 video card.According to legal documents, gamers are frustrated with Nvidia's claim that the GeForce GTX 970 features four gigabytes of onboard memory. Technically this is true, but due to an unconventional memory design, only three and a half gigabytes are usable. Whenever the card attempts to use the remaining half-gigabyte, users experience stuttering images and poor performance.Last month, Nvidia acknowledged the problem , but confessed that there were no immediate plans to address the issue. Newegg and Amazon are offering refunds to any unhappy customers, but without an official recall, many smaller retailers are hesitant. Gamers have been bombarding Nvidia's forums with complaints, and a Change.org petition has nearly 9,000 signatures. But the video card giant hasn't budged.So, this week, an individual named Andrew Ostrowski filed a lawsuit on behalf of those affected by the problem. Nvidia and retailer Gigabyte Technology were specifically named as defendants. The complaint accuses the companies of illegal business practices and purposefully misleading customers.You like legalese, right? Here's how the lawsuit is worded:This isn't the first time Nvidia has been named in a major lawsuit. Last year, Canadian courts decided against Nvidia in a class-action lawsuit that cost the company 1.9 million dollars. Plus, Samsung and Nvidia are currently suing each other for numerous patent disputes, but that's normal in the tech industry.For the record, even with the GeForce GTX 970's memory issues, it's still one of the best medium-tier graphics cards on the market. So, even if you think that Nvidia is acting deceptively, make sure that you consider your options before asking for a refund.Though, if you are planning to return your GTX 970, AMD is ready to seduce you: