Nvidia class action suit for GTX970 owners

We can sue a company that only delivers 99% of promised performance? How is every ISP in American not being sued, I've never met one that could actually reach the speeds they promise. I'm supposed to be getting 6mb down and I only get 5.8 during off peak hours, and 3mb during peak times. My ISP calls that "within acceptable peramitors". I don't think any ISP actually does what they say.
 

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