I can see both sides points, but in the end of the day the card performs exceptionally well for the price. I enjoy mine but I also haven't had any issues with stuttering like some have had. I do find it rather funny when you look at peoples reviews like those on Newegg and so many throw cons towards the memory when most haven't had a direct issue with it. I've run SOM with the ultra pack on and don't see much performance loss at 4g or even loading 6g and intentionally slowing it down. Even my gtx 580 matrix p running at 2g settings still ran 30-40fps.
 
A lawsuit if frivolous, remember the fan patch fiasco? 

seems that amazon refund 20% of 970...
 
http://www.kitguru.net/co...l-refunds-from-amazon/

CLASS ACTION STARTED: https://www.change.org/p/...e&utm_medium=email
 
lawsuit
 
http://www.scribd.com/doc...a-lawsuit-over-GTX-970

This is a bit of a joke. Like has been said here everyone loved the card until someone found out this issue with RAM usage.
Nvidia will release a driver at some point that will better optimize that .5 gig of RAM and the card will perform even better so
you will end up with a better card for no more money. 
This class action suit is even a bigger joke in that all it will do is make lawyers richer and will get nowhere. NVidia has a gaggle of lawyers
who can tie this up in court for ten years. After that point, when newer and better technologies
have come and gone, it will be resolved and everyone who had/has a GTX 970 will get $25 and a gift card to McDonald's. NVidia's main goal 
is to provide for their shareholders and that doesn't include replacing 970's with 980's for free or giving away any money for those who are upset.
I have two 970's in SLI and am very pleased. Even before when I only had one I was pleased with the performance. If they do come up with
a fix or something else I will still have two great cards that perform exceptionally.

I'm very happy with my GTX 970, although I am not surprised or disappointed that NVIDIA is found in a lawsuit.  I am still not sure if exchanging for a GTX 980 is worth the extra 300 dollars for a few extra frames and 0.5GB.  Even thinking long term investment, combining VRAM is going to really negate that 0.5GB of slower ram, especially if we are able to use some of the older cards like the 660 or 780.  
 
At the end of the day: the card is a beast, it runs cool, it's very nicely overclockable, and through this last NVIDIA patch they've already reallocated certain things to be done on the "slower ram" making games like Dragon age Inquisition and Shadows of Mordor run even better and not max out VRAM.  Those are the facts.  NVIDIA made a mistake, but everyone does and it's how people deal with it that really matters.

howdy2u2

ziomuschio
another upadte for US customers; Big name law firm currently investigating Nvidia over GTX 970 http://bursor.com/investigations/nvidia/

Andddddddddddddd this will be a class action filing, lawyers will get LOTS of money and end user will get a $3 off coupon to book of the month club.............watch .......wait ..................and see..............................

After reading this I had to respond. You are 100 percent correct. The point you made was very good. Who gets screwed? The customer! Who gets the best deal out of it? The capitalist that takes your  money and buys lavish jets, boats and gets multi- million dollar bonuses! But we the customer do get something similar...the capitalist yet again gets to bend us over and bone us!

phreakwarz77

After reading this I had to respond. You are 100 percent correct. The point you made was very good. Who gets screwed? The customer! Who gets the best deal out of it? The capitalist that takes your  money and buys lavish jets, boats and gets multi- million dollar bonuses! But we the customer do get something similar...the capitalist yet again gets to bend us over and bone us!

Really??!?!?!!? How's the customer screwed? Did your card stop performing like it did when you first bought it? Did the new driver updates not make it work better? That card is better today than the day you bought it, as the driver updates will continue to make it work better. Is that not how a Capitalist work?

Do you even know what you are saying? So a Socialist or Marxist would not do this? If this was Socialism or Marxism you would not even have that GPU.

This is all crazy talk. The card is still a great card, regardless of the amount of communicated L2 cache or ROPs.

A big law firm does not mean a darn thing. This will mean more fees and less actual compensation even if there is a settlement. I got to agree, it looks like that $3 off coupon book is coming your way.

If you truly had principles, you would sell that 970 to me and go buy a 290X or a renamed 290X now called a 300 something or other. AMD needs your business.

Lets get one thing strait! I didn't say the card was bad in my post. The card is good if that makes your tummy feel all good! All I'm saying is that capitalist ( Business, company's ) are using tactics ( lower quality, deceptive practice to name a couple ) to make  money in many ways thats dishonest to their customers. Take the case at hand, Nvidia knew about the ram issue. But chose to misinform customers about it. This kind of stuff is happening more and more. And why? To put less quality into the product and more money into the capitalist pockets. I know some of you kids are to young to know what quality is, but I can guarantee you that at one time quality was the first priority!

Today Newegg offered me a 10% refund the second I brought up the EVGA GTX 970 as "policy" but I refused as of now. A $35 refund to $70 to the full refund that Amazon has supposedly offered some costumers is a big difference.  Yet alone 10% is nothing to brag about. Personally, I understand why Newegg doesn't want to give a full refund because it should be EVGA's job. Maybe the courts will pay out like some say and that way EVGA will not need to apologize.
 
Besides, what ever happened to the Great Society protecting my consumer rights, don't you think EVGA or someone should of just said 'Hey, sorry about our mistake' by now?  Instead they have to give me a falsely advertised card that crashes, has coil whine, driver issues and yet alone the fact I cant even use the full card because it was designed wrong.  You would think they would run some kind of tests or something to see that A, the dram doesn't work right and B, the actual chip only makes contact with 2/3 of the heat pipes.  This is worse then GM waiting years to tell everyone their ignition switch is faulty because in this case, everyone knows its faulty but no one in the company will admit it.  
 
I can't even begin to understand the logic behind why THEY WILL NOT EVEN ADMIT THERE IS A PROBLEM.  I agree with AMD, 4GB means 4GB, not 3.5GB.  Who decided it didn't matter and to sell the lot AND MAKE MORE is beyond me.  Also, don't tell me it doesn't matter because I have tried and tried to get the card over its 3.5GB mark but it never does, it always maxes out at a little above 3.5GB.
 
I apologize about my feelings at the moment, I would be happy if A: I got a full refund and kept the card and just compensation for false advertising, or B: I got a replacement THAT HAS NO ISSUES and just compensation for the false advertising.  Who are hiding the problem from, its obvious there is an issue and you just need to admit it at this point.  
 
Don't hold this against me, its just I want my 4GB of DRAM to work.

bsmegreg
Today Newegg offered me a 10% refund the second I brought up the EVGA GTX 970 as "policy" but I refused as of now. A $35 refund to $70 to the full refund that Amazon has supposedly offered some costumers is a big difference.  Yet alone 10% is nothing to brag about. Personally, I understand why Newegg doesn't want to give a full refund because it should be EVGA's job. Maybe the courts will pay out like some say and that way EVGA will not need to apologize.

Besides, what ever happened to the Great Society protecting my consumer rights, don't you think EVGA or someone should of just said 'Hey, sorry about our mistake' by now?  Instead they have to give me a falsely advertised card that crashes, has coil whine, driver issues and yet alone the fact I cant even use the full card because it was designed wrong.  You would think they would run some kind of tests or something to see that A, the dram doesn't work right and B, the actual chip only makes contact with 2/3 of the heat pipes.  This is worse then GM waiting years to tell everyone their ignition switch is faulty because in this case, everyone knows its faulty but no one in the company will admit it.  

I can't even begin to understand the logic behind why THEY WILL NOT EVEN ADMIT THERE IS A PROBLEM.  I agree with AMD, 4GB means 4GB, not 3.5GB.  Who decided it didn't matter and to sell the lot AND MAKE MORE is beyond me.  Also, don't tell me it doesn't matter because I have tried and tried to get the card over its 3.5GB mark but it never does, it always maxes out at a little above 3.5GB.

I apologize about my feelings at the moment, I would be happy if A: I got a full refund and kept the card and just compensation for false advertising, or B: I got a replacement THAT HAS NO ISSUES and just compensation for the false advertising.  Who are hiding the problem from, its obvious there is an issue and you just need to admit it at this point.  

Don't hold this against me, its just I want my 4GB of DRAM to work.

What does eVGA have to do with anything?

bsmegreg

BF3PRO
What does eVGA have to do with anything?

Uh, they designed the card and the bad DRAM? 

no actually nvidia did that.  evga are just resellers.  they may design how power delivery goes and such but not the chip or the ram

bsmegreg
Today Newegg offered me a 10% refund the second I brought up the EVGA GTX 970 as "policy" but I refused as of now. A $35 refund to $70 to the full refund that Amazon has supposedly offered some costumers is a big difference.  Yet alone 10% is nothing to brag about. Personally, I understand why Newegg doesn't want to give a full refund because it should be EVGA's job. Maybe the courts will pay out like some say and that way EVGA will not need to apologize.

Besides, what ever happened to the Great Society protecting my consumer rights, don't you think EVGA or someone should of just said 'Hey, sorry about our mistake' by now?  Instead they have to give me a falsely advertised card that crashes, has coil whine, driver issues and yet alone the fact I cant even use the full card because it was designed wrong.  You would think they would run some kind of tests or something to see that A, the dram doesn't work right and B, the actual chip only makes contact with 2/3 of the heat pipes.  This is worse then GM waiting years to tell everyone their ignition switch is faulty because in this case, everyone knows its faulty but no one in the company will admit it.  

I can't even begin to understand the logic behind why THEY WILL NOT EVEN ADMIT THERE IS A PROBLEM.  I agree with AMD, 4GB means 4GB, not 3.5GB.  Who decided it didn't matter and to sell the lot AND MAKE MORE is beyond me.  Also, don't tell me it doesn't matter because I have tried and tried to get the card over its 3.5GB mark but it never does, it always maxes out at a little above 3.5GB.

I apologize about my feelings at the moment, I would be happy if A: I got a full refund and kept the card and just compensation for false advertising, or B: I got a replacement THAT HAS NO ISSUES and just compensation for the false advertising.  Who are hiding the problem from, its obvious there is an issue and you just need to admit it at this point.  

Don't hold this against me, its just I want my 4GB of DRAM to work.

I read somewhere not long ago where newegg are indeed giving full refunds. I will see if I can find it again.

phreakwarz77
I read somewhere not long ago where newegg are indeed giving full refunds. I will see if I can find it again.

If it doesnt include me returning the card it would be great, I want either a full refund w/o returning the card. 

What im saying is they should refund you for the product and give you a new one or just refund you.  What happens when a recall happens? They usually refund your product and give you a free new one because they messed up.  Especially in this case regarding how they broke Federal Consumer Rights laws.  Either that or they should fix the issue and give me one that works, but wait, they don't care.

BF3PRO

bsmegreg

phreakwarz77
I read somewhere not long ago where newegg are indeed giving full refunds. I will see if I can find it again.

If it doesnt include me returning the card it would be great, I want either a full refund w/o returning the card. 

Hahaha! I want a full refund on the card without returning it what a joke... Next thing you know it will be the capitalists fault for autism!!! Give me a break....

LOL...imagine that! A capitalist who actually had to pay someone  and not get the product back! History is full of such cases!