A while ago we already reported that a legal company was homing in on Nvidia die to the GTX 970 Memory Debacle. Over the weekend it has become clear that in the state of California owners of a GTX 970 have 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," which is accusedof unfair, unlawful, and deceptive business practices, in three separate charges, and misleading advertising, demanding for Jury Trial. Nvidia markets the chip as having 4GB of performance-boosting video RAM, but some users have complained the chip falters after using 3.5GB of that allocation.

The lawsuit says the remaining half gigabyte runs 80 percent slower than it's supposed to. That can cause images to stutter on a high resolution screen and some games to perform poorly, the suit says.

It was filed in the U.S. District Court for Northern California and names as defendants Nvidia and Giga-Byte Technology, which sells the GTX 970 in graphics cards. Nvidia declined to comment on the lawsuit Friday and Giga-Byte couldn't immediately be reached.

Responding to the issue last month, Nvidia acknowledged that the GTX 970 uses a different memory subsystem design than its higher-end GTX 980, but it said that difference has a negligible impact on performance. 

Thursday's lawsuit seeks a jury trial and whatever damages apply under California law. It was filed on behalf of all consumers in the U.S. who bought graphics or video cards with the GTX 970. It will be up to the judge to decide whether the lawsuit can proceed as a class action. If you are eligible to be a Class member, find details of the law firms involved in the lawsuit document.