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

Leave off the following info when completing the form:

1. dv2xxxUS <-- don't type in "US"
2. AA123CC#ABA <-- don't type in "#ABA"

BTW, the CQ50 replacement is crap; I am willing to bet that it is a refurbished unit or maybe they just bought all used CQ50 from eBay for this purpose

 

that's what i wonder. would they go that low to buy from ebay? who would be sending them Nvidia or HP? If it's Nvidia they must be buying them from where ever they can then. but what justice is it that they don't even give a new halfway decent model for make up for the trouble. it's bad enough they dont' admit their mistakes. but one thing i wonder is, who designed the laptop and should'nt' they be accountable since the heat sink design is whats causing this in the first place? If HP was stupid and put the GPU in an inadequate place on the mobo how could that be nvidia's fault?

 

Apparently, the dv6449us came with a variety of product identification numbers. Look on the affected model list under HP Pavilion dv64xx and then look at the list of product identification numbers in the table to the right. My wife's is GA456UA and it is indeed on the list. If your dv6449us does not have one of the listed product identification numbers, then it probably is not eligible. For one, it must have an nvidia MCP. This is addressed on the web site under the page listing the Identified Symptoms per Settlement Agreement §1.14. It could also be that you are attempt to file a claim prematurely.

There are 48 different Compaq Presario CQ50 models in the USA. I guess we will have to wait and see what model(s) they are using as replacements. Hopefully, these are not simply refurbished laptops with obsolete components. But, if they work correctly and their performance is equal to the old machines they are replacing, that will be all anyone is truly owed.

For those that had an hp tablet, here is more info on the ASUS.Eee.PC.T101MT-EU17-BK.

Claim Period begins : January 13, 2011 (this coming Thursday)
Claim Filing Deadline: Postmarked by March 14, 2011

 

Did you notice that the claim filing period does not commence until Thursday, January 13, 2011. This could also be causing you some problems using the link to file a claim on the web site and getting through on the toll-free phone number.

 

yeah, i saw it but decided to submit it anyway and got the confirmation code

unlike $2mm fund (pro-rated, depending on how many claims are submitted), they have not said clearly how many replacement units will be available.

so it might be better to get a jump on it, although i am not looking forward to receiving such a crappy laptop

 

I made an online replacement claim on Sunday 9 Jan. But I am going to call the toll free number today and see if I can talk to a person about the replacement because a New or Used CQ50 is nowhere near in like kind and value to my HP DV9420US!!! And, since HP doesn't make one of like kind anymore, I would like either the full replacement value or a better choice in replacement! I will post back here if I find out anything.

 

Well it is definitely a let down that the replacements are not going to be anywhere near the calibur of the laptops we purchased. Only got about 1 good year out of mine. No wireless connection, webcam not working, battery won't hold charge, and intermittent video failure (sometimes it takes 10 or so tries to get it going....if it happens at all.) The only reason we can get it to half way work is my husband read about the NVIDIA chip and that if you can turn the laptop on, wrap it up where it can not get any ventilation for a few minutes to allow it to heat up the chip it melts the sorter around it and allows it to make a better connection.

 

For clarifying purposes: When filing a claim and it asks for the model is that the dv6449 number? I know that is the model number but I want to make sure I an crossing all my T's and dotting all my I's.

 

Joyce,
The product ID# is the GA xxxx number and the Model type is the DVxxxx number.

 

Called the toll free number - 1-877-440-7557 today and listened to the whole shpiel about the settlement and about the replacement for HP Laptops being a Compaq CQ50 (Wal-Mart special). When I pressed "0" to be connected to an operator (as directed by the man's voice recording) I got the - "Please hold while we connect you..." message and then some crummy music and then the same recorded mans voice saying thank you for your call and goodbye followed by a dead line! I then hung up. I am going to see if I can get my DV9420US repaired and then may put in a repir claim later. There is no way I am going to trade them an $1100.00 computer for a $300.00 one!

 

This appears to be the best resource I've found online about this problem, oddly enough, so definitely post your results. That said, I can't imagine it's going to matter to anyone. You had a chance to exclude yourself from the class-action lawsuit, and by not excluding yourself, you're bound to the terms. Part of that non-exclusion was the loss of the ability to hold HP or nVidia accountable for anything and the loss of the ability to sue them at a later date.

As I said, it's really shady that they didn't announce the replacement products until after the opt-out period ended... but we all took the risk of staying in the class-action suit without knowing what the result would be, and it looks like we lost that bet.

Resale value on both of these replacements is abysmal and will only get worse once a thousand of them hit eBay, so I'll probably just use mine as a couch internet device or something rather than deal with selling it for a few hundred bucks max.

"Unless you exclude yourself, you stay in the Class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against NVIDIA, Dell, Inc., HP, or Apple Inc. about the legal issues in this case. If the settlement is approved and becomes final and not subject to appeal, then you and all Class Members release all “Released Claims” against all "Released Persons." Please note that the deadline to file an exclusion has passed.

Unless you exclude yourself, you give up your right to sue NVIDIA for the claims that this settlement resolves."

 

"for a replacement HP notebook computer with one similar in kind and value if you bought a subject HP notebook computer" this is stated in several places on the site.

 

I agree with the replacement laptop being far inferior. I have the tx1xxx model and to pay $1500 for a laptop that has a dedicated graphics card, dvd burner, more ram, better resolution monitor, dual core 64bit being exchanged for one that is significantly inferior in every way is pretty outrageous.

tx1xxx > eee t101
2x64bit > atom 450
nvidia gpu > intel integrated
dvd-rw > nothing
1280x800 > 1024x600

Disingenuous at the very best, but I guess the lawyers got there $13M so they are fine regardless what the peons get for their troubles.

 

Well the claim site is back up. I guess I will go try again and see if I have any luck this time.

 

NOPE.....NO GO !

 

I just wonder who decided on the replacement and who approved the replacement. I think the lawyers for the Plantiff must be on drugs!

 

Ok, I called the Nvidia settlement hotline, they said they cannot confirm or deny the replacement from tx1xxx (i have tx1410us $1500) to the eee netbook/tablet.
they said to wait for it to come back up and call again.

so, I called hp, they said they do not agree with this as a replacement; it makes them look bad and lose customers. But they have no part in the claim process

Then, I called Nvidia and they are not allowed to be any part of it, and also agreed with HP's statement.
they told me that the nvidiasettlemet website has taken over for the courts to do the rest.

I will be calling once it is back up, for real.

 

I wouldn't be surprised if there were some sort of benefit to the lawyers getting us to choke down a dilapidated netbook, rather than pony up for what is right by the customer.

 

Check this out! Nvidia certainly is not hurting!
Intel to pay NVIDIA $1.5 billion licensing fee
Intel to pay NVIDIA $1.5 billion licensing fee | ZDNet

 

This would be a good choice to replace the DV94xx series!
Toshiba Qosmio® X505-Q882 18.4" widescreen Laptop
or this:
Toshiba Satellite P505D-S8960 Laptop

 

Upon reading other's comments, I took some time to read the motions in detail and based on what I read (BTW, I am not an attorney), the proposed and final settlement clearly states that "...NVIDIA will provide a new replacement computer of like or similar kind and equal or similar value to the consumer at NVIDIA’s expense." (on example found in PLTFS’ MEMO OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR FINAL APPROVAL OF SETTLEMENT, Pages 3 & 4)

Also, if you paid for repair(s) and still own your HP notebook with aforementioned symptoms, you are ENTITLED to cash reimbursement AND replacement.

$2MM is set aside to handle cash reimbursements only; NVIDIA "...took $196 million in reserves prior to the filing of this action. After this case was filed NVIDIA took further reserves of $312.9 million, including a reserve of $193.9 million..." (PLTFS’ MEMO OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR FINAL APPROVAL OF SETTLEMENT, Section B: Post Litigation and Current Repairs). I believe this reserve is set aside to handle chip repairs and notebook replacements.

As a class member, my decision to enjoin in the class action lawsuit was clearly influenced by the initial class action notice as well as subsequent amendments (all of which clearly state in-kind replacement).

I suggest all affected HP owners write to the presiding judge (via certified mail), stating that proposed replacement HP notebook violates the letter and spirit of the final settlement authorized by the Honorable Judge Ware:

Honorable Judge James Ware, United States District Judge
United States District Court for the Northern District of California
San Jose Division
280 South 1st Street
San Jose, California 95113

 

Good idea! I will do this!

 

Yes definitely a good idea. Couldn't you also say that they are technically violating their own settlement terms. Which I'm sure isn't legal. I haven't read the entire document so I don't know what operators may be use to exclude liability. I'm definitely getting into contact with them. I spent 1,600 on my Tx1xx, and if I would have known that the replacements would have been what they are giving out, I would have excluded myself. However, the lawsuit basically promised a laptop of equal value and similar type...so I agreed to be apart of it by not excluding. Hopefully we can change this, this is fair to no one.

 

Also, do you all think it would be best to wait and attempt getting hold of someone via the 800 number, or submitting my claim and THEN trying to get hold of someone?

 

I will send a letter after communicating with Nvidiasettlement about this issue.
In my case (TX1410us replacement)
TM2T might be good

 

Ok sounds like a great idea. Yeah, in all honesty though I'll probably end up getting it and selling it and investing in another computer at a later date. My main concern is not really the specs of the replacement, just its market value. I have since invested in another replacement computer and really would just like to able to put back what I've had to take out double (roughly $2,800 in pc's isn't exactly wallet friendly over the course of 2 years).

 

I agree 100% with savage25rcracer. We expect NVIDIA to honour what they have promised in letter and spirit. Mine's is a 17" expensive HP 9225 with Windows Ultimate for which I was charged $400. There is no way I am going to accept a 14" in place of 17". Why they not replace with the current 17" offered by HP or pay me my $1600 end of matter.

 

Repeating this for emphasis -- this is a great idea.

That said, I have filed my paperwork, as I have had prior experience with class-action cases where those who didn't file quickly were excluded as the allotment of money ran out before the company got to their claim. If I end up with an Eee, I'll consider it a loss, but I'm in the "rather get something than nothing" crowd when it comes to these things, really.

I'm also concerned about my "reimbursement" claim -- I'm a tech at a computer store, and when mine died, I sent it to one of our other stores for repair. I had to pay this cost out-of-pocket (we had a tech come in specifically for doing repairs to the HP chipsets, and other employees didn't get a discount on this job), and have a receipt for it... but my email address is the store's web address! I'm going to submit anyway, but not sure if they'll deny it based on this.

 

Finally had success in filing claim thru the NVIDIA website. Question ? How do we know our supporting documents were successfully filed along with the claim form? It uploaded but didn't show anything about it when form was completed. I only had proof of registration that I submitted. The claim form stated..."By providing your Serial Number, you authorize Settlement Administrator to verify whether your computer contains a NVIDIA chip." My proof of registration stated the serial number in addition to the model and product ID# but the claim form itself did not ask for the serial number. Does anyone have any thoughts on that?

 

Just another note: I called the 877 number and actually got someone the first try. She stated that if my supporting document stated it was successfully submitted and then the claim form as well, with the NVF Claim # it was successfully submitted. I guess now it is a wait game to see if they are honest enough to say my proof of registration was submitted as well.

 

I just spoke with JEFF S. WESTERMAN (213) 617-1200 lead on the settlement case, about the replacement for the tx1xxx. gave him all the info about specs and price $1500 vs $350.

He said he will forward the info to the respective parties to review.
other people might want to call him aswell to expedite it.

 

I called that number too and got someone else who told me to just give them my information and he would forward it to the lawyers. He told me that he highly doubts that any replacements will be reconsidered in this case. He advised me to go a head and file the claim. So I did. I also called the 800 number and talked to a lady and she said she can't help anyone with getting a computer that is of equal value. Even she said its not fair. So I really hope that Mr. Westerman will call me back.

 

I just filed today and had no issues. I was able to upload the proof of purchase document, verify it uploaded and download claim verification documents.

I also called and spoke to a representative on my first attempt. I had noticed a prior version of a sample claim form stated that the hard drive could be removed prior to sending in the laptop for replacement. The new claim documents make no mention of this. The person I spoke with stated they just received information that this is acceptable on hp laptops only, but not on Dell or Apple. I specifically asked if returning the laptop for replacement with no hard drive installed would jeopardize the replacement claim and he said it would in no way jeopardize the claim.

Just to be on the safe side, when the additional instructions and shipping material arrives, if there is no mention of this I plan to call again to confirm it is acceptable. If the documentation does address this clearly, I will post again on this forum for the benefit of others that are still waiting to receive information.

 

Filed my claim via web on 1/9/11 with no problems.
They send you a "Replacement Claim Form Receipt" via email.

MORE IMPORTANTLY

This is looking like a raw deal for those
of us who are getting a $350.00 Compaq CQ50
in exchange for our $1400.00 DV9000 17" entertainment laptops!!

In the settlement agreement it clearly states:
NVIDIA has also agreed to provide a replacement HP notebook computer to Class Members who bought certain versions of some HP notebook computers that contain an NVIDIA chip and who send in a valid Claim Form, appropriate supporting documentation, and (if the Claim Form is approved) their eligible malfunctioning HP notebook computer. The replacement HP notebook computer will be of similar kind and value as their eligible malfunctioning notebook computer."

With that said, either we have been misled or there are still more details to come about replacements. I can't imagine lawyers or a judge letting them slide with issuing replacement notebooks of UNEQUAL KIND AND VALUE.
I'm sure Nvidia wouldn't mind. Nvidia AND HP
are both guilty of fraud in this whole fiasco and together they should make it right for the consumers who bought this crap.

 

I agree with you, its a bad deal for all of us. But according to the person I spoke with today (one of the case representatives at a law office) he said that this is what was agreed on and a change is definitely not likely. He took my model number down, my personal info, and told me that he would give it to the lawyer to go over. So you might want to call the office. The post containing it is below. Hopefully if enough people call they might do something about it. Clearly they are breaking (what seems to be) the terms of the settlement.

Also, how long did it take them to send the email. I haven't received one. They just sent me to a page to print out a copy of the claims form.

 

I suggest everyone read the prior posts about all of us sending a letter to the Judge and telling him about the unfair replacements! I wrote mine today and will mail A.S.A.P.!
Talking to the lawyers or other persons on the phone probably won't help.

Video died on my 2007 HP DV9420US on Christmas eve!

 

thats all I have to say. That's a terrible Christmas present

 

For proof of registration I printed the warranty status from the HP site for my serial number which shows the warranty end date. From that they can extrapolate the original purchase date as a dv9429 had a 1 yr plus 1 year extended warranty. In both cases the purchase date falls within the purchase date range defined on the settlement web site. A relative originally registered this machine in 2007 and provided the initial date of purchase that the warranty status end date is based on so this should be reasonable supporting documentation to appease "The Approver" ... i hope. I wonder what problem they are trying to solve by requiring supporting docs. Original purchaser is not a requirement and it should be obvious which machines are part of the settlement as the manufactures can provide a list of serial numbers. I also registered on the HP site but this doesn't seem to provide anything useful for the approver to confirm that the PC falls within the Product Date Range accept that I told them on 1-11-2011 that the machine was purchased on 9-17-2007.

 

I wrote mine today as well, i will be mailing tomorrow.

 

@kbotley-Is your warranty status date accurate? I just checked mine and it says that it expired on 9/4/2007, which would mean I purchased my laptop on 9/4/2006. However, my bank told me there was a laptop purchase on 11/8/2006.

I also did not register my laptop, so would that be an estimated guess on HP's part?

My bank statement won't be arriving until Friday so I would love to know if providing the warranty status would be just as good as the statement, so I could file my claim sooner.

 

My warranty status date matched the Original Purchase date that HP had on record. Since HP had previously worked on this machine they probably have record of the original receipt that I can't get my hands on. If your laptop was never worked on or registered then I guess the 9-4-2006 date could be the date of manufacture. If both documents support your machine being within the settlement purchase date then send both. I just think the warranty status shows, beyond any reasonable doubt, the machine is included in the settlement and within the product date range as it has product id, serial number and ending warranty date. With that said, who knows what criteria the settlement administrator will apply to supporting docs.

 

Thanks for the info!

 

I echo the sentiments of the previous posters. These replacements do not match what was promised:

"The replacement HP notebook computer will be of similar kind and value as their eligible malfunctioning notebook computer."

Definitely not similar in kind or value. (As a side note, this statement also seems to indicate that it would also be another HP notebook...not that I would prefer HP, only that that is what I was lead to believe). I almost feel that I have been duped into remaining in the class so that I may not further sue HP...all the while expecting an adequate replacement. I think I'll hold off on filing a claim and see if anything changes.

FYI: HPlies.com lives on here: http://wokingham.webhosting.uk.com/~hplies
It seems as the domain hplies.com simply has not been renewed. Most don't know of this longer domain, so the board is barely moving (just a couple posters), but you can still access the wealth of archived info.

 

Yeah that is what I was thinking too but the guy at the lawyers off that took my information made it seem of the utmost importance to file the claim as quickly as possible. Maybe the foresee running out of money? I don't know. I just would hate to see anyone qualify and not even at LEAST be able to get the replacement...even though its of little to no value I do agree with you when say that you feel like its a way to keep us from suing Nvidia. I think, along with other posters, that this has been a "shady", if you will, stance on this case. If I would have known this I would have opted out of the lawsuit. I probably could have brought a lawsuit myself and scored money for major downtime of my business and the businesses of my clientele.

 

I would think the best way of a possible change it to write these letters ASAP, and try to send them today or tomorrow.

Honorable Judge James Ware, United States District Judge
United States District Court for the Northern District of California
San Jose Division
280 South 1st Street
San Jose, California 95113

 

I cannot remember a class action case that turned out well for the masses. It may be a perception, but it seems that the masses always get the short straw. If a claim has merit, a single plaintiff will usually do better on their own. When the compensation pool has to be shared with the members of the public that were affected, it almost always turns out to be inadequate. In this case, the settlement was a compromise. The defendant (nvidia) struck a deal and saved a lot of money with a one size fits all solution that sucks for the victims of a defective product. "Caveat emptor" ...as usual.

The effort is encouraged and there is nothing to be lost, much to be gained, by sending the letters to Judge Ware. It will be truly amazing if it does any good now that the deal has been struck. Great job by nvidia's defense attorneys. It's clear that their strategy to provide an inferior low budget replacement was a calculated tactical move that saved them a lot of money. It's unfortunate the plaintiff did not have the wisdom to define the terms for "similar kind and value" replacement.

What would have been real justice is to require nvidia to pay for developing, producing and installing new motherboards for all the affected models without removable graphics modules. It will also be interesting to see how they plan to address issues with the replacement units malfunctioning, or if that will just be "too bad, so sad" for those people. The replacements being offered suck, especially in the case of the Asus EEE unit with an Atom (budget) CPU replacing an hp tablet with a more powerful dual core 64-bit CPU. What a joke! I find it really hard to believe this choice was an accident.

Good luck to you guys. I am looking forward to watching things unfold on this forum.

 

MY LETTER TO THE JUDGE

Honorable Judge James Ware
United States District Judge
United States District Court for the Northern District of California
San Jose Division


Dear Judge James Ware:
Regarding Case No. 08-04312-JW.

The settlement agreement clearly states “The replacement HP notebook computer will be of similar kind and value as their eligible malfunctioning notebook computer.”
I am a class member and had purchased a HP DV9000 17” Entertainment
Laptop (EW680AV) for $1400.00 which is an affected model in this suit.
I expected a much higher level of service from nVidia and the respective lawyers, and am quite disappointed. Because I do not want to spend any more time on this problem, I would just like to state that the replacement computer being offered to class members
(Compaq CQ50 $400.00) is not in any way of similar kind and value as the defective DV9000 laptop I and others had the misfortune of purchasing.

I hope Your Honor will consider this to be a legitimate concern of mine and many
other class members and worthy of further investigation.
Sincerely,

 

Well our biggest mistake was that we all trusted lawyers. Bad move on our part.

 

While I completely agree, it's usually a monetary case -- so many people join in that the amount each person receives is much smaller than anyone expected.

In this case, the terms specifically stated that if we were to opt in to the settlement, "The replacement HP notebook computer will be of similar kind and value as their eligible malfunctioning notebook computer." Then, after the opt-out date passed, the settlement changed to (my words) "The replacement notebook computer will not be an HP and will be of a significantly lower-end model and value as their eligible malfunctioning notebook computer."

Our biggest problem arguing this point will be that, in terms of lawyer-speak, their statement is still "true". Taking it apart:

"The replacement HP notebook computer" - Compaq is owned by HP, and therefore, it's still an HP notebook computer. I'm not sure how the Asus EEE can meet this qualification, though, since HP doesn't own Asus.

"will be of similar kind" - notebooks are being replaced with notebooks, and tablets are being replaced with tablets.

"and value as their eligible malfunctioning notebook computer" - The notebooks which have gone bad are 3-4 years old; values plummet on computers, and it could be argued that these malfunctioning ones have a value equal to what they're giving. tx1000 tablets don't go for much more than a few hundred bucks on eBay, and the Asus EEE replacement is about that same value.

My letter will go out in the mail today, though.

 

I have written my letter and sending it in the mail soon (we are snowed in here) so hopefully our efforts will succeed. I also included in my how I felt about the replacements as a way to "entice us into opting in to the settlement only so we would give up our legal rights against Nvidia under this issue". Hope the judge understand.