iOS 4 on iPhone 3G — lawsuit material?

On the one hand, it’s silly to use class action lawsuits as the tool to address software bugs, but on the other hand, if Apple’s going to publish an update this bad and then actively prevent people from just going back to the other version, what other recourse do upset customers have?

Having seen the issue firsthand — how horribly sluggish an iPhone 3G became after upgrading from iOS 3.1 to 4.0 — I can see how people would get really frustrated. I’m sure Apple just saw this is a bug to fix in the next update (iOS 4.1 is said to fix it, though I haven’t tried it yet), but for people whose daily-use phone was horribly sluggish for a couple months while they waited for that upgrade, it’s hard to excuse Apple for not letting them downgrade back to 3.1 in the meantime.