NZXT hit with civil RICO suit in California over controversial PC rental biz — class-action lawsuit alleges PC Flex Program is a 'bait-and-switch-scheme' that included used and inferior hardware
Lawsuit could shine new light on the PC maker’s troubled rental program.
NZXT's once-hyped PC rental service is headed to federal court. The Flex program, first launched in 2024 as a monthly gaming rig subscription, promised affordability for players who couldn't stomach the up-front cost of a multi-thousand-dollar build. But just a year later, amid mounting customer complaints and an exposé by Gamers Nexus, NZXT and its rental partner Fragile are being sued under the same statute used to fight organized crime.
Filed on August 5 in the Northern District of California, Burns v. Fragile, Inc. names both NZXT and its lesser-known partner, Fragile, Inc., as defendants. The three plaintiffs — Jacob Burns, Jonathan Moulton, and Steven Zou — have brought the case under a civil RICO cause of action, a statute typically associated with long-running fraud or conspiracy claims. According to the suit, "NZXT and Fragile conspired to defraud consumers through gross misrepresentations and illegal business practices."
The complaint describes the Flex program as a "bait-and-switch scheme" disguised as a rent-to-own plan. In practice, plaintiffs allege, the program misled customers about the hardware they would receive and denied them the ownership that was implied in marketing. In one example, a subscription advertised with an RTX 4090 was allegedly fulfilled with an RTX 4080, with no clear notice or pricing adjustment.
The inclusion of Fragile is pretty significant. While Flex is heavily branded under the NZXT name, NZXT’s own support materials clarify that it is merely the hardware vendor. Subscriptions, billing, account management, and hardware swaps are all handled by Fragile, the company listed in customer contracts. NZXT has referred to Fragile as its “trusted partner,” but its low public profile has sparked confusion and scrutiny.
That scrutiny ramped up late last year after Gamers Nexus published a scathing, multipart investigation into the Flex program, calling it misleading and a “scam.” Among the allegations were bait-and-switch hardware configurations, aggressive fees, and inconsistent customer support. NZXT responded in December 2024 by pledging clearer disclosures but stopped short of overhauling the program’s structure or distancing itself from Fragile.
While the lawsuit itself is still in its early stages, the nature-of-suit tag alone signals potential trouble. Civil RICO suits are rare and carry high burdens of proof, but they can encompass wide-ranging allegations from wire fraud to deceptive business practices, especially when tied to alleged schemes across state lines.
This isn’t NZXT’s first brush with controversy. The company’s 2021 recall of thousands of H1 cases, prompted by a US Consumer Product Safety Commission warning over fire risk, and a 2023 settlement with California energy regulators over efficiency violations have both cast long shadows. Neither issue is directly referenced in the lawsuit as yet, but they form part of the broader reputational context.
Get Tom's Hardware's best news and in-depth reviews, straight to your inbox.
Consumers enrolled in Flex are advised to review their contracts — many of which name Fragile, not NZXT, as the counterparty — and preserve any documentation. With a court date now on the calendar and no public comment from either company, the program’s fate may soon be decided not just by customers and reviewers, but by federal judges.
Follow Tom's Hardware on Google News, or add us as a preferred source, to get our latest news, analysis, & reviews in your feeds.

Luke James is a freelance writer and journalist. Although his background is in legal, he has a personal interest in all things tech, especially hardware and microelectronics, and anything regulatory.
-
ingtar33 shame it's a civil suit and not a criminal.Reply
from what i remember of those gamer nexus pieces what was going on was felony level scamming.