Every ASIC is a scam, just some more than others. ASIC's are not mean to produce profit for you - otherwise they wouldn't sell them but would keep them for a little longer. They are sold simply to maintain the illusion of a distributed network.
I think @OP can't need such an explanation. if all ASIC miners agree with your statement. surely, doesn't there mining BTC using
ASIC Miner and no miner waiting for Bitmain to issue the latest ASIC Miner.
I saw @OP only need this: If anyone else is interested in joining in on legal action, let me know.