nVidia Class Action Fairness Hearing is Tomorrow - Almost time to make a claim!

WOW! Thank you so much ronk for the link. That was a good read it answered a lot of my unanswered questions. I totally agree with your post. I wish the Judge would enforce Nvidia to replace our computers with truly similar models. I just cannot believe that they can get away with this.

 

They Haven't got away with it yet!

 

http://news.cnet.com/8301-13924_3-20028697-64.html?tag=mncol;mlt_related

http://news.cnet.com/8301-13924_3-20018186-64.html?tag=mncol

 

Nothing in either of the above links changes anything about the settlement. These are simply media reporting of what all of us already know. I did not notice anything mentioned about the hardware downgrades they are handing out, just general information that is mostly old news.

 

Just as a heads up, here's a copy of the letter I've been sending to my local news stations, Virginia Attorney General's office, etc:

 

I like your letter, and I appreciate your efforts. I think the media is going to be a huge help in our attempt to have the settlement upheld. Other than that, I have been contacting my local Consumer Affairs and Attorney Generals offices to file complaints, and I am considering pursueing a small claims suit to have the settlement enforced.

One note though--Depreciation has never been mentioned in any document, and as far as I know, has not been brought up by Milberg or the Administrators as a reason to get around holding up their end of the bargain. I may be wrong, but I suspect the word "depreciation" was first brought up as class members' speculation of why they are trying to do this. That said, I agree with your reasoning on it, but I honestly think it is totally irrelevant. Depreciation makes absolutely no difference to me, because the computer I dropped nearly $1,500 a couple years ago is STILL today comparable to the 2011 models being sold in that price range, or would be if would boot up. And my TX1220us is DEFFINATELY closer to a NEW $1500 2011 HP notebook than ANY Compaq OR Asus product EVER MADE! Especcially ones made in 2007!

 

Hey CFrank! I got the word depreciation from the Nvidia Settlement hotline 877-440-7557 when I called right after the the claim filing period began. I expressed my feeling towards the replacement model, gave my reasons for not being a similar and like kind and then I asked her how they came up with a low budget Wal-Mart computer as a replacement. I was told because of depreciation value of the computer I had purchased in 2007. I told her forget price/value, what about the specs? then she told me that I could have opted out! So you know where I took the conversation from there...ok I am running late for work

 

Update -- I don't know if this has been mentioned already because I'm posting it from my phone on my way to work. I received an email from Jeff Westerman at Milberg, who, in response to my message, gave me the exact model CQ56 being replaced.

EDIT 2: This is information that should have been posted publically anyway, so I see no harm in mentioning it.

EDIT 3: Given approval from Jeff Westerman at Milberg to post this information, which will be updated on the site within a day: The confirmed replacement is a Compaq CQ56-115DX.

 

I too was told directly by both the settlement administrator and a milburg associate of depreciation and I explained to them much to their chagrin.This has been dragged out for years.

Many of the class members have experienced Identified problems from very early on in their ownership of these computers only to have HP deny for years there was a problem until the warranty ran out.

I also asked EXACTLY where in the court documents
it mentioned depreciation with no answer. This is where I am now, I want to know who the experts were that said the CQ56 is of like kind and and similar or equal value to 26 different computers and 310 sub models all which were better or superior to the CQ56.

We need to get milburg to divulge this info to us or sue milburg to let us get a third party evaluation of the replacements.I think this is our best option at the moment. If anyone has a better Idea or another avenue to pursue I would love to hear it.

 

Specs removed until further notice from Mr. Westerman

 

At least they answered you I sent 2 letters and 2 emails and have not heard a thing

 

HMMMM.....


Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority. Often referred to simply as "contempt," such as a person "held in contempt," it is the judge's strongest power to impose sanctions for acts which disrupt the court's normal process.

A finding of contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behaviour, or publication of material deemed likely to jeopardize a fair trial. A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court. Judges in common law systems usually have more extensive power to declare someone in contempt than judges in civil law systems. The client or person must be proven to be guilty before he/she will be punished.

A person found in contempt of court is called a "contemnor." To prove contempt, the prosecutor or complainant must prove the four elements of contempt:

* Existence of a lawful order
* The contemnor's knowledge of the order
* The contemnor's ability to comply
* The contemnor's failure to comply

 

Was that a voluntary redaction after reconsidering some legalese in the letter, or did someone actually request that you remove it?

 

Public Information from Compaq CQ56-115dx specs:

Hardware
Product Name CQ56-115DX
Product Number XG809UA#ABA
Microprocessor 2.30GHz AMD V-Series Processor for Notebook PCs V140
Memory 2GB DDR3 System Memory (2 DIMM)
Video Graphics ATI Mobility Radeon HD 4250 Graphics
Video Memory Up to 893MB
Hard Drive 250GB (5400RPM)
Multimedia Drive SuperMulti 8X DVD±R/RW with Double Layer Support
Display 15.6" diagonal High-Definition HP BrightView LED Display (1366 x 768)
Network Card Integrated 10/100 Ethernet LAN
Wireless Connectivity

* 802.11b/g/n WLAN

Keyboard 101-key compatible with full-size keyboard with One touch launch keys and Action keys
Pointing Device Touch Pad with integrated On/Off button and 2-way scroll pad support
Other Devices

* integrated microphone

Dimensions 14.72"(W)x 9.70"(D)x 1.29"(min H)/1.49" (max H)
Security

* Kensington MicroSaver lock slot
* Power-on password
* Accepts 3rd party security lock devices

Power

* 65W AC Adapter
* 6-Cell 47WHr Lithium-Ion Battery

What's In The Box integrated microphone

 

It was voluntary based on some legalese in the letter, but I did get approval for it to be posted from Mr. Westerman. He also mentioned it would be updated later today.

I will have more info when I get off the phone with him, hopefully later today. I have some more information which was emailed to me from Mr. Westerman based on their reasoning behind the choices they made, and while I can see their side of things, I still don't believe that the replacements match what was court ordered at the fairness hearing, nor do I think this information should have been held from us until after the opt-out date. I will post that emailed information after I have approval to do so.

The specs posted above appear to be correct. The machine sells new on Amazon for $383 and appears to have been sold at Best Buy at one point for $299, so it's still very much a lowest-possible-budget-level system.

 

This is the lowest configuration of current CQ-56 model available on HP online store for $379.
The highest configuration is not amazing, 4G RAM, 500G hard drive and a dual core AMD.

 

us tablet users are STILL getting MAJORLY ripped off here. i am getting quite pissed that there only seems to be somewhat of a progress made towards non-tablet pc owners.

 

How can the CQ56 with a single core processor be considered equal. Weren't most of the affected models dual core?

 

Because the Experts (read milburg IT techs) clicked their red bull cans together and made it so......

Seriously I would like to Know who the "experts" are what is their relationship with Milburg and Orrick and Nvidia and Hp as well as their Qualifications. Might just have to find out......

 

I just called the settlement line to get the exact model number of the CQ56 (no offense to everyone here, but I'd like to hear it directly from them) and first was told that the replacement CQ56 model numbers would be based on the model of HP to be returned. She also told me that this information wouldn't be released and we would have to "assume" or "guess" (honestly, her words). This seemed wrong so I spoke to a supervisor who (after searching for the info for awhile) just told me that they didn't know the exact model number yet. From this experience I learned that the people at the helpline know the same or less than we do, definately not more. And the law firm got how much money for the administrative fees!?

EDIT: Just called Milberg and talked to the same lady as last week (she knows my voice now which is kind of sad...) This isn't an exact transcript, but basically what she told me (sorry so long):

MILBERG: This is likely the final model for replacement, but we will probably put up the model number which is the CQ56-115dx

ME: So my options now are a tablet netbook or a budget notebook when I purchased an "entermainment pc" tablet?

MILBERG: Well the CQ56 is better because your computers were shipped with faulty parts. And there are some upgrades to the CQ56-115DX, it has a faster processor (EDIT, no it doesn't) and it got some really good reviews.

ME: (forgot to say this, but was thinking that you could say any computer was better because of the faulty parts, but that's exactly why we're getting these in the first place!) It might have good reviews, but they all say it's good "for the price" or for "basic computing." I went on to tell her all the features it is lacking...

MILBEG: It has a webcam

ME: No, it doesn't. They chose the cheapest model of the cheapest line that Compaq has. Also, none of this was in the original claim notice. I want to talk to one of the lawyers.

MILBERG: Well I will let the lawyers know you aren't happy. I will tell them you want to speak with them.

 

That hadn't concerned me previously because the dual-core Turion 64 X2 from my old laptop was introduced in 2007, and the AMD V series was introduced in 2010. I simply assumed that the new single core CPU was as fast or faster than the older dual core, but after some research the Newer V does benchmark lower than the older Turion 64 X2!

Why would a OEM even do that? Make a computer 2 years later that has a slower processor?

 

Which model seems immaterial at this point.

All the CQ56 models appear to use one of two CPU's: either the Intel Celeron 900 or the AMD V140. The only difference is HD size and amount of RAM out of the box. My research (cursory for now) indicates that both of the processors offered are slower than the AMD dual core processors in our old notebooks (see above).

 

I hate to sound like a broken record but as the posts are added, some people may not be reading the entire thread.

If you are new, please go here and complete your info about your machine.

We need many more people to complete it as soon as possible.

 

i mean no offense, but why exactly are we starting a new thread? everyone is here, this thread is linked to from many other sites...why migrate to another? why do you need a list of people's computers' specs?

 

Ok, so I think it is a little fishy that depreciation was first mentioned by OUR counsel, Milberg. Sounds like something they pulled out of their a$$e$! I'm beginning to wonder if their is some incentive for the Administrator or Milberg if they can spend as little as possible on our replacements such as possibly getting to keep what's left over from the approx. $390 mill + put in reserves by NVIDIA)... Also, are the replacements themselves not from 2007-2008??

Also, I'm sure that Milberg is telling people there will be no more updates to the replacement models. Seems as though they have been saying that all along, and most likely will continue to until they get us to say ok. Well I'm NOT OK WITH IT! the simple fact that they are still trying to replace ALL of our VERY DIFFERENT computers with ONE model is a violation of the settlement in my eyes!

I read in the court documents about how extensively they researched the "universe of affected models." Thus, they are ALREADY fully aware of the differences in our computers, and the "expert" stuff is PURE BS! I would also tend to take their "extensive research" to mean that it would be fairly simple to categorize our models and replace them accordingly WITH MORE THAN ONE MODEL!

I also read that, in reaching the settlement, Plaintiffs and Deffendents took part in extensive and lengthy negotiations regarding the wording of the settlement, AS WELL AS the logistics of executing it's terms. NOW THEY ARE BACKTRACKING! LEG WORK HAS ALREADY BEEN DONE! and the court docs also say that NVIDIA has secured OEMs' (or HP more specifically) promise to help axecute the terms of the settlement, such as REPLACING OUR COMPUTERS! So why then are NONE of the replacements HPs???

 

hmm. second time in a row i tried to contact milberg llc and i get the answering machine. will try again tomorrow and get some answers. if they consider the cq56-116 or w/e an close to equal replacement, i want to know what they consider the asus to my tx1000.

 

I will be more than happy to forward you the email sent directly from Jeff Westerman at Milberg which states in no uncertain terms the model number of the replacement system.

I am expecting a call from Mr. Westerman later this evening. We will be discussing the problems people have been having with the chosen computers, why those computers were chosen, and what people can do (if anything) who are unhappy with the settlement decision.

Based on what I know -- not all of which I have posted here, as I am waiting to hear from Mr. Westerman -- it appears that these models are essentially final. I would expect that anyone unhappy with the result will be in a situation where their only recourse is to file a lawsuit, at their expense, against the counsel who determined that these models fit the court's requirements. Remember that we are not challenging the judge's order from the fairness hearing, but the fact that we do not believe the chosen models adhere to this decision.

 

Really? "It has a webcam?" That makes this horrendous excuse of a computer a good enough replacement for the HP and Compaq computers we poured our hard-earned money into? Thanks a lot, Milberg.
(I don't know about you guys, but I never use the webcam feature in laptops, so it's really an insult to suggest that makes the CQ56 computer worth it.)

 

I think we need to find out who the experts are and how they came up with the CQ56 meeting the criteria "of similar kind and value" when compared to the high performance DV9xxx computers and the table PCs. I can only imagine that one of the following happened:

1. The experts simply didn't look at (or weren't made aware of) the DV9xxx computers.
2. The experts weren't really experts, but just some interns at Milberg that were told to come up with the cheapest computer Compaq/HP computer available.

I can't imagine that an actual computer expert, or even a salesman at Best Buy with 1 week of experience, would believe that the DV9xxx are the same kind OR value as the CQ56. If we can get Milberg to forward the specs of our computers to the "experts", then perhaps Milberg can become less-misinformed and realize that the CQ56 is NOT a valid replacement for all of the models that need to be replaced.

 

If worse comes to worse and the CQ56 and Asus are the final models offered, which one is the better of the two? Supposedly I'll get to choose which one I want to "replace" (I use that term lightly--obviously, neither of them are true replacements) because I've got a Tx1000. What I want to know is, is the CQ56 capable of running "The Sims 3" game? The answer to that question is going to be the sole determinant on which model I'd choose. My 3 year old Tx1000 had absolutely no problem whatsoever running the game; however, I'm not very savvy when it comes to comparing the specs of different computers so I'm not sure if this budget, low-end laptop is capable of running it or not. I know that the Asus absolutely can't, no question about that! But if neither is capable of running "The Sims 3" then I'm going to opt for the Asus, based just on the screen size--it's a little too small, but the CQ56 is too big. The main reason I chose my tablet computer in the first place was because it was one of the few 12-inch laptops on the market that was also powerful enough to play games on. So if I can't play my game on the CQ56, then the Asus would be the logical pick for me because aside from gaming, all I do is word processing and of course internet usage.

 

neither will run the sims 3 very good. the cq56 just BARELY meets the REQUIREMENTS for the game. whereas your tx1000 has a dual core more than capable of running the sims 3, both of the replacement models have a VERY crappy single core processor.

im eager to see Mr. Frank's reevaluation tomorrow. remember though that we cannot rely on him. dont settle for computers worth 1/3 of what you paid. keep sending in the letters and keep calling millberg. something can and will be done as long as we keep the pressure on.

 

Okay. I just got off the phone with one of the guys from Milberg, where we had a brief thirty-minute chat about the situation at hand. Unfortunately, I'm at work, and had clients waiting for me the entire time, so I had to wrap it up rather abruptly, as I'll lose more money by losing a client than I will gain by getting a better replacement notebook.

I need to swap a few emails back and forth to make sure I've got all my info straight, since this is coming directly from the firm themselves and I don't want to be to blame for anything mis-quoted or anything spoken confidentally. As soon as I hear back from them via email confirming the info I've got, I'll post it all here.

 

Exactly. It is important that when sending letters, e-mail and when calling milberg that we express our dissatisfaction pertaining to the "one size fits all" remedy for replacement of our computers. I do not understand that the settlement websites wording could be so vague.

How is it that the "experts" have agreed on one single model to replace 10, 20 or even 30 or more different types of computers affected by the settlement? How could they think that this would not infuriate class members in the first place, and at the same time think that this a solution for replacing all computers with ones of like kind and value?

Also it seems as if Mr. Frank from class action fairness might be at a dead end when speaking with the NVIDIA lawyers. More info is supposed to be acquired by Mr Frank tomorrow.

I think now is the time to express our extreme dissatisfaction with the settlement by spending the time to send letters and e-mails as well as calling milberg and the NVIDIA settlement hotline. For those of you that do not have the time to read this complete thread, here again is a list of important contacts (originally posted by and thanks again to RedShirt) to respond to regarding the unfair settlement-


Class Council:

Millberg LLP
One Pennsylvania Plaza
49th Floor
New York, New York 10119
1-877-692-1965

• JEFF S. WESTERMAN (SBN 94559) [email protected]
• SABRINA S. KIM (SBN 186242) [email protected]
• NICOLE M. DUCKETT (SBN 198168) [email protected]
• PETER SAFIRSTEIN [email protected]
• JENNIFER S. CZEISLER [email protected]
• ROLAND W. RIGGS [email protected]
• [email protected]

Counsel for Plaintiff Lance Waidzunas and Plaintiffs’ Co-Counsel:

SHALOV STONE BONNER & ROCCO LLP
485 Seventh Avenue
Suite 1000
New York, New York 10018
Telephone: (212) 239-4340
Facsimile: (212) 239-4310

• RALPH M. STONE [email protected]
• THOMAS G. CIARLONE, JR. [email protected]

Counsel for Plaintiff Nathan DeBockler and Plaintiffs’ Co-Counsel:

HORWITZ HORWITZ & PARADIS:
405 Lexington Avenue, 61st Floor
New York, NY 10174
Telephone: (212) 986-4500
Facsimile: (212) 986-4501

• PAUL O. PARADIS [email protected]
• MICHAEL A. SCHWARTZ [email protected]
• GINA M. TUFARO [email protected]

Counsel for Plaintiff John Russo and Plaintiffs’ Co-Counsel:

DOYLE LOWTHER LLP
9466 Black Mountain Road, Suite 210
San Diego, CA 92126
Telephone: (619) 573-1700
Facsimile: (619) 573-1701

• WILLIAM J. DOYLE, II: [email protected]
• JOHN A. LOWTHER, IV: [email protected]

Orrick Herrington & Sutcliffe LLP, Counsel for Nvidia:

Media Relations and PR Team: [email protected]

Counsel for Nvidia:

• Justin M. Lichterman: [email protected]
• James N. Kramer: [email protected]
• Robert P. Varian: [email protected]

 

So far everyone has been complaining that the tx1000 and DV9000 were getting ripped off, but a few folks, myself included, have felt that the CQ56 was a reasonable replacement for the lower tier models.

However, I'd like to retract that, and point out that I've realized most if not ALL of the models under the settlement share the same processor - the AMD Turion 64 X2 - with small differences in clock speed. The higher tier models also had larger screens of course, some had improved graphics, and some had more RAM out of the box (think most were limited to max of 2GB though), but they're really not as dissimilar as I've thought, at least not under the hood.

SO, although the higher tier owners are getting screwed in their screen size, and tablet owners aren't getting a tablet, even those of us with 15" screens are still getting screwed if we're getting the AMD V140, which is in the Compaq CQ56-115DX that as Zeromus stated we're supposed to receive.

Curiously, I think the CQ56 motherboard CAN take the Athlon II X2 CPU (or at least the CQ56z can) and maybe even the Turion II X2 , either of which is more comparable to the Turion 64 X2 processors. But not if we're getting the 115DX as Zeromus provided.

 

Just talked to a lawyer at Milberg. There were a couple of interesting points:

He said that of thousands of claimants, there have been only about 50 complaints about the computers being offered. I kind of find that hard to believe considering there are petitions with over 100 signatures on them. For all the people calling Milberg, ask to be contacted by a lawyer. That way they'll know your concerns (I wouldn't count on relayed messages).

He told me that the "expert" who chose the computers said that the older dual-cores were actually slower than the new single-cores. However, based on cpubenchmark.net, my Turion dual-core is rated 1052 and the v140 is rated at 697.

He also said basically what he said last time, that the replacement won't have all the features of all the computers because it's a compromise.

 

Keep your tx1000. Otherwise they will sale your tx 1000 for $200, and buy you a CQ56 for the same price.

 

Technically, the older processors are "slower" in clock speed, but as you noted with the benchmark numbers, clock speed alone does not a decent processor make. At the very least the V series has half as much L2 cache.

 

Who does Milberg request that we officially complain to? In the list that Blend provided above? There are a lot of lawyers and addresses floating around, and I'd like to make sure that I get my complaint added officially by email and by certified mail to that ludicrous figure of 50.

I hate it when people insult my intelligence even when by proxy.

 

out of all the outraged customers, over 150 signatures on the petition, and the many many people posting here AND responding to mr. Franks blog, "around 50" is a complete and utter lie. they want us to roll over and accept it. they are trying to make us think that many people ARE actually happy with this settlement. no.

personally, i say flood their offices with calls. they will listen if we make them. but waiting for others on this forum to call and complain will not make a difference.

 

Agreed. I think calling the milberg offices and contacting Mr Westerman sounds like our best bet. I just wanted to relay as much contacts as possible.

 

You Said a Mouthful my Friend and I couldn't agree more!!

 

Unfortunately I don't have enough time to call too many places or send many letters, so media and groundswell impact aside, could anyone offer a definitive number, email, and/or address to make sure our objection is LEGALLY registered?

 

I'm sure these metrics are skewed because the only phone number of the nvidiasettlement.com website is for the settlement administrator. Prior to getting the number for Milberg, I contacted the settlement administrator multiple times and they kept telling me "sorry, there is nothing you can do about the computer. The computer chosen is final and was agreed upon by the judge." I bet this same misinformation was given to lots of people who just gave up and figured that they had no recourse.

 

I would keep my tx1000, but I think it is starting to die, due to problems that I think are related to the Nvidia part. I had it repaired in December of 08 due to the infamous wireless issue, and it's worked fine since then, but in the last few months it's been shutting off (almost always while I'm playing The Sims 3--it NEVER used to do such a thing). I can't use my laptop at any setting higher than the low-performing "power saver" option because it gets hot and will shut down within 15 minutes. Sometimes I have to turn it off and on a few times because the screen will display nothing but blackness. So, yes, I've had intermittent video problems.

I am not happy with the proposed replacements; however, besides the repair I had done a couple of years ago, and the intermittent problems I've had since then, I've gotten pretty good use out of my Tx1000 in the interim between repair and until recently. So in that respect, I've been quite lucky compared to many others. I initially wasn't sure if I was going to file a claim (I have yet to do so) because I wasn't sure I qualified. But, I've been told that the lack of display when turning the laptop on (an intermittent problem) is one of the identified symptoms so that, and coupled with the fact that I have had previous wireless problems (required new motherboard replaced under warranty), I'm going to probably file a claim. I think the fact that I've had repairs done when this laptop was only 8 months old shows that it is defective; the repair was a temporary fix at best.

I have a question--on the claim form, under symptoms, should I check the box indicating wireless issues? The language in the claim form, "the computer... has experienced one or more..." is vague. My computer has experienced wireless issues in the past, but is not right now.

 

I would just check mark that you did have wireless issues, since you did in the past, the problem will probably come back if you do keep using your tx

 

I can feel your pain.

What I meant to say is save your tx1000 for the time being. We need to keep fighting for what we deserve.

 

Again, I am convinced that there were NO "experts." I would bet everything worth that this was sply something they decided to say to TRY to get us to shut up.

I am also not surprised they say these are final, as several people have said they were told that BEFORE the updates. I think they will say that everytime until they get us to bite. I'M NOT BITING!!!

 

I submitted the claim last Jan 11. I agree with the fact that the tx1000 is not comparable with the Asus, but the fact that the only way I get my tx to work without problems is to underclock the cpu to 800mhz, using 4 gb ram and not overloading the system with many applications, also the battery only last 1 hr.... so, I guess that based in those conditions the Asus is a good replacement for me.
Now, I call nvidiasettlement few hrs ago to ask the status of my claim, I was told that it was approved and that a box was sent to me last Feb 9th. Then I ask if I could remove the hard drive, the guy told me "we recommend it to" So, I guess we can send it without the harddrive, but.... what about the ram? I have 2-2gb , can I use those in the Asus? If I plug in that hard drive into the asus, will windows 7 enterprise run without a problem? I got that version back in school but I cannot get it anymore.

thanks.

p.s. Also the guy told me that I can fill out another claim on the same pc for the reimbursement of the repairs from 2 yrs ago. I paid over $400 to HP costumer service, so.... I'll get the asus and some cash.... not bad.

 

SHHHHHH! We only want unhappy settlement members here!:laugh:

 

keep in mind that that is 400$ you payed in the first place, plus you are actually losing a ton of money by downgrading so far. so if you think about it, you are actually losing a bit of money and paid a grand for a netbook.