What in the world are you talking about?
Counterfeit? - I think you may want to look up the definition, it does not (even remotely) apply here.
Class Action? Who is the class and what is the tort?
They have openly offered to refund anybody still waiting on a device and would guess at this point would quietly refund people who got probes and still have a non working device.
Do you have a right to be frustrated, sure. Ask for a refund and move on would be my advice.
Maybe they are also talking about the durability and/or longevity of the probe(s).
Still I tend to agree. Refund and move on.