So to everyone that bought a 970 thinking it was just too good to be true... well, it was.
But honestly, as cheesy of a marketing gimmick as it is, the card does still have 4GB. I don't see anywhere where it says it will all be identically performing, or even usable (remember the days when they'd slap a ton of RAM on a pathetic card to sucker people in?.. 440mx anyone?). It's shady, but it is what it is. I'm glad they're being called out on it though, so maybe with enough bad press on the tech sites they won't try this in the future.
Concerning class action lawsuits, they keep companies honest, because this threat is always looming over them, but a class action doesn't do anything for the consumer. It's like the mob hiring a hitman to take care of someone. They're out for revenge or to make an example out of the mark, but they aren't going to recoup their loss.
As bas as this is going to sound, we have to hurt nVidia's bottom line to get their attention, because they've already shown just how much they care about us. Short of everyone switching to team red overnight (and we all know that won't happen even when hell freezes over), the only other alternative is a lawsuit.
Quite frankly at this point I don't give a shit that I may never see a penny from this. As long as it costs nVidia tens of millions in legal fees and negative publicity, the lawsuit has served its purpose for me.