GFAFS
A hand of degrees under the max temps for the VRMs for an "unpatched" card is not what i consider on spec (i don't take the options remember?). EVGA neither or they would never take these steps in the first place. My attorney will do the job, i don't worry about that.
I'm not sure where you bought your card, but evga lawyers will just point you to the store, as you made a sales agreement with them, with what you now believe is a faulty card.
Evga just allows you to bypass the source for problems as a service.
If you did get it directly from evga you have no foothold. Even a few degrees below spec, is within spec. Even giving options (those you don't want) crumble your pedestal even more.
The judge might agree on a settlement between the 2 parties, wich means an exchange of cards. So there you are with a new (maybe fixed) card, and a few thousand dollars short of cash for your lawyer.
Good luck anyway, but i won't see this one on the news anytime soon.