G.Skill settles with plaintiffs following $2.4 million class action lawsuit over advertised memory speeds, denies all wrongdoing — company will have to change its packaging and be clearer about overclocking and BIOS adjustments if approved
"The Court has not decided which side is right. G.Skill denies all claims of wrongdoing and denies that it violated any law."
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A class action lawsuit brought against G.Skill, maker of some of the best RAM for gaming and general computing applications, has been settled to the tune of $2.4 million. The company was sued over claims that it deceptively advertised and labeled the speed of DDR4 and DDR5 memory kits sold between January 2018 and January 2026. The company denies all wrongdoing, and the case was not decided in court.
As per documents from the case, the initial class action lawsuit was brought over claims "that G.Skill deceptively advertised and labeled the speed of its DDR-4 and DDR-5 DRAM (non-laptop) memory products with rated speeds over 2133 MHz or 4800 MHz, and that G.Skill is liable for violations of consumer protection statutes and breach of express warranty." Specifically, the lawsuit seems to be about overclocking, noting plaintiffs represented allege "they were lead to believe that the advertised speeds were 'out of the box' speeds requiring no adjustments to their PCs."
Rather than take the case to court, both sides have agreed to a $2.4 million settlement. G.Skill denies the allegations, and the court hasn't decided in favor of either party, avoiding "the uncertainties, burdens, and expenses associated with ongoing litigation," and ensuring class members get a payout sooner rather than later.
Article continues belowTo that end, "All individuals in the United States who purchased one or more G.Skill DDR-4 and DDR-5 DRAM (non-laptop) memory products with rated speeds over 2133 MHz or 4800 MHz respectively from January 31, 2018 to January 7, 2026," are part of the settlement class and eligible for payout. Court documents go on to specify that class members will be eligible for up to five qualifying purchases per household, provided you have proof of purchase.
As is often the case with settlements, a lot of that money has already been allocated. $295,000 in settlement administration costs, up to $800,000 in attorneys' fees, an undetermined amount of attorneys' expenses, and service awards to class representatives of up to $5,000 means that upwards of half the settlement pot has already been spent. How much you'll get if you're eligible depends entirely on how many class members there are, with the remainder of the fund split between them.
If you think you're eligible, you should head to the Claim Depot website and follow the instructions. You'll need to submit a claim form by April 7, or you can, of course, also submit an objection or indeed exclude yourself from the class by the same deadline.
Aside from the monetary payout, the settlement also includes provisions that G.Skill will take "commercially reasonable efforts to implement changes" to its packaging, website product pages, and specifications provided to retailers to make them more explicit about achieving top speeds with its RAM. The court documents state that rated speeds will be listed as "up to" speeds, and include the following disclaimer: "Requires overclocking/BIOS adjustments. Maximum speed and performance depend on system components, including motherboard and CPU.”
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As noted, the class action is only applicable within the United States, with payouts expected approximately 45 days after the court matter is all settled, notwithstanding any appeals or further process.
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rluker5 In GSkill's defense, the memory kits probably will do their rated speed s if not bottlenecked by other components.Reply
I have 4 DDR5 motherboards in my house. Daughter's, living room itx, office and my gaming rig. Only one is good enough to run 6400 stable. It can run my GSkill 6400 32, 64 GB at 6800, 6600 and my 8000 kit at 7600 with 13900kf, 13600k, 13600kf whereas the other boards can't run anything over 6200 without errors.
But they all will accept tighter timings within their stable speeds.
The good one is: MSI Z790 Gaming + wifi with the others: MSI Pro Z790 P wifi, Asus Z690 Prime P and Aorus Z690I Ultra Lite 1.0. But how good the motherboards are is likely a PCB lottery. That and they were all cheap motherboards which is a likely common denominator with people not being able to hold XMP.
You wouldn't sue AMD if you had a 9850X3D and it wasn't as fast as reviews when paired with a Vega64, so why sue GSkill if you got bottlenecking components for it? -
edzieba Reply
The difference is AMD do not bill (for example) the 9850X3D as a "5.6 GHz CPU". They bill it as the base-clock (4.7 GHz) and the 5.6GHz as an 'up to'/'boost'.rluker5 said:You wouldn't sue AMD if you had a 9850X3D and it wasn't as fast as reviews when paired with a Vega64, so why sue GSkill if you got bottlenecking components for it?
G-Skill listed the overclocked (XMP/EXPO) as the only speeds and timings, rather than the base JEDEC speeds and timings. If they'd stuck a little "up to" or "maximum" in their advertising copy next to the speed they'd have been fine. -
magbarn That $800,000 to the lawyers and the government fees shows you the only entities that profit from these class action lawsuits. So basically the lawsuit was for any memory over JEDEC speeds. Doesn’t that mean every memory stick that needs EXPO/XMP is potentially liable? What a crock.Reply -
helper800 The packaging would just have to be changed to the following on this example kit;Reply
JDEC Default profile: 4800 MT/s CL 40-40-40-96 @ 1.1v
*XMP/EXPO profile: 6000 MT/s CL 26 -36-36-96 @ 1.45v
*XMP/EXPO profile must be set in BIOS following installation. Compatibility is subject to CPU and motherboard variances. -
Shiznizzle Reply
AMD does not, retailers do. Retailers in a lot of cases will post boosted clock speeds only and it is up to us consumers to find out base.edzieba said:The difference is AMD do not bill (for example) the 9850X3D as a "5.6 GHz CPU". They bill it as the base-clock (4.7 GHz) and the 5.6GHz as an 'up to'/'boost'.
G-Skill listed the overclocked (XMP/EXPO) as the only speeds and timings, rather than the base JEDEC speeds and timings. If they'd stuck a little "up to" or "maximum" in their advertising copy next to the speed they'd have been fine.
Per overclockers.co.uk:
AMD Ryzen 9 9950X Sixteen Core 5.70GHz (Socket AM5) Processor - Retail
Reading the fine print results in a different story.
100-100001277WOF, 16 Core with 32 Threads, 4.30GHz base clock speed, Up to 5.70GHz Boost Clock, 5nm FinFet Process, 64MB L3 Cache, Dual Channel DDR5 Controller, 5600-6400MHz RAM Recommended, 170W TDP, 3yr Warranty -
dwd999 I'm eligible for 4 claims. If I file them does that mean I'll get more than a dollar? It would have been nice if someone in the media could have estimated the number of products sold that were included in the class so someone in the media could have estimated the payout per claim.Reply -
helper800 Reply
There's probably about a million left for consumers in the class, and there are many millions of people that could be claimants. I would not expect more than a few dollars at most, likely you would get a check with 23 cents on it. I am eligible for 5 kits myself, though the check they would send, should I make a claim, would be worth more than the payout on it.dwd999 said:I'm eligible for 4 claims. If I file them does that mean I'll get more than a dollar? It would have been nice if someone in the media could have estimated the number of products sold that were included in the class so someone in the media could have estimated the payout per claim. -
ezst036 This lawsuit was a greedy client and lawyer who found an aha gotcha and made it stick. It's just terrible that people abuse the legal system this way.Reply
The client be like
https://libertyroadmedia.com/wp-content/uploads/2014/05/gotcha-meme.png?w=300&h=238 -
thestryker While this is meaningless from a monetary benefit standpoint (aside from the lawyers given the low claim amount) I do think it's a positive to add transparency/accuracy in marketing/packaging. Sure everyone should research what they're buying, and they don't, but that doesn't excuse the misleading aspect.Reply -
BigDummy02 Reply
Likely millions, and that's why this lawsuit was bs....only a quarter will be split between the "victims". This is just lawyers paying the bills.dwd999 said:I'm eligible for 4 claims. If I file them does that mean I'll get more than a dollar? It would have been nice if someone in the media could have estimated the number of products sold that were included in the class so someone in the media could have estimated the payout per claim.