By this reasoning it would be OK for a car company to market a car with an automatic transmission, yet the clutch was still required to be used on gear changes at delivery. You paid a large premium for the automatic clutch as was marketed by the CEO of the company to be delivered "next year". This claim you bought into was now made over 8 years ago and what the CEO stated has still not been delivered. Your car now has over 120k miles on it with a feature that is only half delivered.

You wouldn't consider this a fraudulent claim?