The class action suit against EA is being taken to court by firm Edelson McGuire on behalf of PS3 Battlefield 3 fans. The suit actually isn't about EA going back on its 1943 offer, but instead alleges that the publisher announced the deal change so late (after the game had been released) that PS3 owners basically were duped into purchasing the game on that platform instead of the Xbox 360 or PC. The suit also discusses how the "make up" deal was in fact anything but-- considering that the DLC announcement was made separately and did not include references to 1943.
According to Kotaku, the suit alleges that EA "misled and profited from thousands of their customers by making a promise that they could not, and never intended, to keep." By offering 1943 as an incentive to purchasing Battlefield 3 on the PS3, EA funneled players to the platform under false pretenses and using manipulative marketing tactics-- essentially making promises they had no intention of keeping. This of course sets a dangerous precedent for future marketing deals. Imagine being offered a free DLC or an enclosed copy of another game (heck, maybe even the mulitiplayer component of a game) only to find out that the publisher has backed out of the deal.