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

I proposed this series a couple of weeks ago after seeing them in a Best Buy Sunday ad. Nice thing about the Gseries (G42, G62, & G72) is that they come in 14, 15 & 17 inch models with a "decent" feature set across the range.

 

Is this really a fair value for all our laptops ? I paid $997.48 plus $64.84 in sales tax for a total of $1062.32 on 11/02/07. Since 1992 I have spent over $13,000.00 on PCs and laptops not to mention the $1000.00s on software. I only got a little over a years use out of my TX1000 and I should settle for a $449.99 laptop. The average life expectancy of a laptop is 3-5 yrs. ( I Googled Life expectancy of a laptop). So at 5 yrs, being 100% each yr would be 20% . I only got 1 yrs use so, 80% of $1062.64 is $849.86 . Is this $449.99 laptop REALLY a fair value Laptop ?

 

You're right, Batman! It may be "decent" for some but not all! I thought that is why we were fighting this battle - A fair replacement of like kind and value for each person in the class. In fact, HP cannot provide replacements for all affected machines because they don't make many similar and like kind of the notebook Pavillions and Tablets anymore! Each of us requires a replacement that matches our original computers features and that is that!

 

What you paid for your laptop is immaterial. If I paid $900 for the same model that someone else paid $2500 for, we are both entitled to the same replacement laptop. This is also the position that Mr. Frank takes in his brief:

To avoid voiding the settlement agreement entirely, “value” is best interpreted not as a financial term, but as a clarifying synonym for “kind”: a computer of “like or similar kind” will be of equal or similar intrinsic “value” for class members as their (non-defective) class computer.​

 

Well then, Thank you all for your time and trouble, but I would rather drive mine over with my semi before I would accept one that is NOT usable for what I do and used mine for. If you bought same series TX1000 with a service tag #1120us for $900.00 and I bought a TX1000 series with a service tag of TX1327CL with more Bells and Whistles for $ 2500.00. How do you figure we both have the same value for replacement ?
Bruce Wayne

 

Hey jtfrommer! Have you seen this before?

Nvidia offers $200 refund to OEMs with defective GPUs - TechSpot

 

From: Merriam-Webster.com/dictionary/value
Value:1 : a fair or equivalent in goods,services,or money for something exchanged.
After #8
Examples of VALUE4Th one down
You may EXCHANGE the item for something of EQUAL VALUE.

 

I think anyone looking at the current HP models as a “reasonable” replacement for their particular notebooks should probably slow down a bit. First because we’ve now entered into a “Fog of War” (litigation) that could last for months while the outcome, at best, is uncertain. Second, because beginning 13 March HP will begin phasing out their current line-up and introduce new and/or updated models. Dell, as the alternative in the proposal, will not be far behind.

Like old Dandy Don use to say….”If ifs and buts were candy and nuts, we’d all have a Merry Christmas” …. and though I hope not, it could easily be Christmas before this is settled.

 

Great, now just get me a HP voucher for " equal value of mine" that's good for two years and I'll buy one of my choice when I'm ready.

 

I'm almost positive the G62 is part of the new line up mentioned in the engadget post. Not to say I'd be thrilled with it, because it does lack some features, but it is decent.

 

The g series looks ok. Thing is for what the DV9000 series was the DV7 looks more like what was offered back then. Entertainment/business class machine with many features. Given the circumstances DV7 looks more along the lines of what we should be expecting from this settlement.

 

I hope the court takes into consideration the speediness of this case. We were and are being victimized. I guess we will see soon what gets said. What´s another couple days when it´s been close to a year for me. What about the others.

 

Just looking at live analytics data and I see about 10 new visitors coming from the Endgadget inbound link.

The best part is 8 out 10 have linked out to the claims page at nvidiasettlement.com

Let's hope that all those 8 folks are new claimants.

Small victory for small folks like us!

 

+1 Rep for the good suggestion. It seems odd to me that anyone's wish list would still include any HP product after all of they have been through. How about a Best Buy gift card or pre-paid Visa gift card for the original purchase price paid by the customer for those that still have their receipt or can produce a verifiable purchase price. Now, that would be the right thing to do. I think that would qualify best as "being made whole."

 

We got a breakthrough, we made headlines on ENGADGET!!!!!!

That's a big reader base right there..

NVIDIA's faulty GPU class action settlement challenged, but time's running out -- Engadget

I don't know if someone already posted this or not, i just saw it and wanted to share immediately.

 

Over 100 comments including mine

 

Is there a group of people actually fighting the class action settlement?

 

heck yes!!

 

I agree, I think all the HP Pavilions that were branded an "Entertainment Notebook" should equate to an "Entertainment Notebook" replacement: Entertainment Laptop, Tablet, & Netbook PCs | HP Official Store

So DV9000 would get a DV7, DV6000 would get a DV6, etc. I'm just not sure that the court will get us to that ideal settlement.

 

I'm very curious if HP is making profits and/or gaining market share from this settlement....considering the number of PCs involved..

 

I would be very surprised if they are not making a profit from selling computers to NVIDIA for the settlement, but gaining market share through that avenue probably is not a good way to improve their brand.

Considering that nobody will be happy about being downgraded, their chances of having a large group of disgruntled customers is pretty great. HP is partially to blame for the problem since they sold defective systems, as well has being partially for the sub-par CQ56-115DX being offer as a system replacement for dv and tx owners.

While I am willing to take the CQ56-115DX as being a better option than receiving nothing, if I were to be surveyed about my satisfaction with HP it would be a very dismal result. Having thousands of customers as soured on HP as I am, talking to friends and neighbors, and posting on forums as I am, will not be helpful to their business or brand image. Think of this in terms of an ant colony or a hornet's nest. One little ant or a single hornet is easy to squash. Get the entire colony pissed off, and there's going to be a big problem... and some painful results.

 

I am absolutely floored by this response from Jeff Westerman (excerpt from here)


Lead class counsel Jeff Westerman of Milberg said in a statement that Frank is "working against the interests of consumers who deserve to get their computers replaced."

"This settlement is providing class members with repairs and replacement computers, and thousands have already submitted claims," Westerman said in the statement. "When it comes to the replacement computers, we hired an independent expert who confirmed that we were adhering to the terms of the settlement. [Frank's] claims to the contrary reveal an anti-consumer agenda aimed at stopping the settlement from proceeding."

If Mr. Westerman wanted to defend NVIDIA, he should go work for Orrick, not Millberg LLP.

If this doesn't make your blood boil, you must be one of the living dead.

Stop procrastinating and get all your friends involved!

 

Once again this only proves that they (Milberg LLP) got their part of the $13,000,000.00 and couldn't give a RAT'S DONKEY about the "CLASS". Just hand out a few hundred laptops and say " Well I did my job, Let's party with Charlie Sheen ".

 

This is a joke.
We had three effected systems in our house (2 dells e1705 and one HP DV900) These are desktop replacement PC's.
Dell did the right thing for us and replaced the systems completely. With a UPGRADED model laptop. (only after swapping out the video card three times on one and two times on the second) One was within warranty and the other was not. (I am a dell reseller and tech so I was likely treated better than most)
The HP on the other hand was nothing but problems and HP replaced the mobo twice (at least they claimed they did) One other time all they did was load some generic drivers that would let the system run at a super low resolution. Then the warranty passed and I was told so sorry.
This whole time I knew Nvidia was the original culprit as they had been selling defective GPU's since 04 (I also owned HP zd7000 and r3000's that had identical problems) But I didn't buy my system from nvidia I bought it from HP and HP should be involved in this to make sure their customers are not being mistreated as this.

 

Welcome to this forum: Bring all your friends also. If you or anyone you know haven't filed a claim, please do so before March 14th.

 

I actually do not know anyone who runs HP (laptops anyways) anymore as tell everyone I will not support them. Their business sector is completely different then their consumer level products and support. Even when you are under warranty with them on the consumer end they treat you like sh$%$.
At this point we have long replaced this system ( with a dell) and I would rather just take a credit that we could use towards something usable or send me a actual replacement.

 

You just EARNED a friend for life,this is my sentiment and exactly to the point. GIVE ME A VOUCHER for something I can use and not just have something NON- USABLE to me,crammed down my throat because you want the cheap and easy way out of the job you took on to do.

 

It is soo sad Millberg does not even want to acknowledge they are in the wrong. How blatant does it have to be? Can it be more blatant? That letter hasn´t been sent to San Jose yet and it will be as well as state attorneys office. I don´t like this Millberg handling matters anymore. ¨I´ve been taken advantage of and being lied to. Can´t we just get an honest representation and settlement?¨ I hope that justice rings clear.

 

I don´t want to complain any further and feel this is a true statement. This looks to me an example of Big Law firm representing Big business. You know these guys may be in court again and maybe they play nicer with them than the firm in the next building. Ted ... Thank you for your hard and honest work!!! My fingers are crossed.

 

Just read yesterday's engadget article. Seems that most of us who paid $900+ ($1300+ in my case for a TX1119us) are not happy at all with the actual resolution of the settlement.

In my case, I would prefer a check instead any computer offered so I can personaly decide what replacement is the one that is fairly similar to what I really bought, and of course, a different manufacturer than HP (or Asus).

Most of us are angry at nvidia about this problem, and they do have a lot to be blamed. But what about HP?

Who won my purchase? HP
What brand is my purchased laptop? HP
Who made the biggest profit from my purchase? HP

So why I'm being offered a crappy, low end, outdated HP computer? or worse.... a crapy, outdated netbook?

I hope things can turn for better for all of us

 

I have contacted several of the news stations here, and they have also passed it on to some of their sister stations. Nothing definite, but they are going to take a look and see if they can do anything. I also sent it to the attorney generals office.

 

If you are new here please visit the site below. Get informed and file a claim.

jtfrommer do you have a unique visitor counter going on the site?

Great work on there too, the site gets larger every time I look.

also your site is now on page 1 spot 3 of google search results for "nvidia settlement"

 

I've never done anything like this before, but would be more than happy to send out some emails here in the Louisville area. I have the link to the Engadget article as well as Mr. Frank's Point of Law post. What I don't have is some advice on what _I_ should be saying in my email; unintroduced links would probably be bad. Does anyone have a loose script or suggestions of what I'm asking "The Troubleshooter" or "The I-Team" to do?

 

This is great! I had a hard time finding it with a google search just a few days ago!

I think we need some more people posting to the engadget forum. Again, I have trouble finding that post unless I follow Mr. Frank's posted link.

I have posted there a few times in response to someone who thinks this is fair because of the "depreciated value" of our laptops. Just to be clear, I have heard it straight from Jeff Westerman that "depreciation was not a factor."

 

Start with something like this: PointofLaw.com | PointOfLaw Forum: The NVIDIA class action settlement bait-and-switch

Then I gave a little of my personal case, and linked to this site, and the official nvidia litigation site and such. I did get a positive e-mail back that they would look into it, but nothing definite.

 

I've said it before in this thread, but I am confident that Mr. Westerman firmly believes that the solution they've come up with is the best solution for all class members. The statement they put out about how the CCAF is trying to screw the consumer makes no sense to me unless they're just taking this as a personal shot to their reputation. I can only think of two possible scenarios here --

1. The assumption that Milberg is concerned that if this does go back to court, it'll be determined that they are in the wrong, and that'll lead to whatever repercussions they have to deal with.

2. Any additional work they have to do is costing them time, and time to a law firm is (significant) money. I can't imagine they will be able to re-bill nVidia for any additional time spent on this, as nVidia's already stroked them a check. While they may not be against our ideas at all, it may simply be an issue of them wanting to stay out of the courtroom again since they have other matters they're dealing with and don't want to lose any money on this.

Not saying either option is "right", only that it's all I can come up with.

Finally, I do think that we have to be realistic about this -- we're not getting vouchers for the cost of the systems or anything along those lines. Lots of people seem to think they won't be happy unless they're paid back for their system, or unless the new system has S-Video and FireWire and an ExpressCard slot, since it'll be useless without them. While morally it'd be the right thing to do, we have to consider that eventually there's going to be some form of compromise. The good thing is, ANYTHING will be better than what we're currently looking at. But I think some people are getting the idea that they're getting a $1,400 replacement for their $1,400 laptop, and I can't for the life of me imagine that's ever going to happen.

But by all means, keep trying!

 

Whatever! Don't tell me what I'd be happy with!

 

Like everyone else here Ted, I would like to extend my heartfelt thanks for your efforts and, win or lose, congratulate you on precisely defining to the court the absurd treatment we, as Brown and the third-party HP-owner class, have been unfairly asked by Nvidia and Milberg to quietly absorb. Though I understand but disagree with the “kind” only strategy of the proposed order, I am a bit amazed at how quickly you were able to both grasp and succinctly define the issues. I’ve read through a number of your other cases and have concluded that you and your associates truly are… heroes for the working class and a credit to your profession. Good on Ya !

WOW!!

NVIDIA class action settlement: Milberg declares war on its clients

 

In the cooperative spirit of “group-sourcing” and “plain language” interpretation, I offer the following as areas for further contemplation if the opportunity for change or clarification of the Brown proposed order presents itself.

Paragraph 35-2. For purposes of this Order and this Settlement, a replacement computer is of “like or similar kind” to a class computer of a class member who submits a claim only if:

b. It has a screen size equal to or greater than the screen size of the class computer.

Given a lack of other descriptors, this means that everyone except tablet owners could receive a 17” computer and be considered compliant. Personally, I have a 14” computer “designed for mobility” and don’t want a 17” desktop replacement. Some 15” owners may feel the same. Therefore I would suggest the following language in further discussions:

It has a screen size not less than the screen size of the class computer but not greater than .6” more than the screen size of the class computer.

In relation to the (b) above, I would also like to point out that “Value” is/was not proportional to screen size and in some cases was inversely proportional to screen size. For example it use to be that given identically equipped HP DV 2700t & DV6700t series notebooks, the 14” models would in fact be $25 or so more than the 15” even though it had one less USB port. This was because, at the time, smaller sized notebooks commanded higher prices. I don’t think this still holds true, the market has changed, but before tablets and netbooks, smaller size generally meant higher price.

j. The RPM speed of the Hard Drive is at least 85% of the speed of the hard drive of the class computer.

Perhaps I’m missing something here, but I don’t know of any 4590 RPM (5400 x .85) hard drives. In the interest of simplicity, shouldn’t the language just read:

It has a hard drive with a RPM speed rating equal to or greater than the hard drive of the class computer.

l. Its battery has at least as many cells as the battery of the class computer and has a similar time-rating.

In some cases this is not possible (i.e. if a unit only offers a 9 cell over-sized battery like those now used in place of the older 12 Cell batteries). I would also suggest forgetting about the time-rating and just use the following:

Its battery is a standard capacity battery if the class unit was equipped with a standard capacity battery. Its battery is a standard size high capacity battery if the class unit was equipped with a standard size high capacity battery. Its battery is an oversized battery if the class unit is equipped with an oversized battery. Over-sized is defined as a battery having more cells than a standard battery.


o. Its video card memory has at least 80% of the video card memory of the class computer.

Video card is a bit ambiguous and this descriptor could be better defined by including the correct technical term of “discrete”. The intent is that discrete video card memory will not be confused with systems using integrated video and UMA shared memory. I’m really not sure why the 80% is here but given the above I would suggest:

It has an integrated video or greater if the class computer has integrated video. It has a discrete video card if the class computer has a discrete video card and its discrete video card memory is equal to or greater than the discrete video card memory of the class computer.

w. It has 802.11n WiFi capability if the class computer has 802.11n capability.

Given Nvidia’s demonstrated weasel perspective and with lack of further descriptors, one could conclude from the “plain language” that if the unit did not have 802.11n or only had 802.11g that no WiFi were required. Therefore I would suggest:

It has WiFi capability equal to or greater than the WiFi capability of the class computer.


Just a few thoughts for “possible” clarification. I’m sure there are more so come on folks… get to work.

 

I think you meant discrete, not discreet. Also, I think the first sentence should be eliminated as that would preclude a claimant with integrated video from receiving a computer with a separate video card. It's possibly that HP doesn't even make a computer that would satisfy that requirement (no discrete video card) while simultaneously satisfying all of the other requirements (e.g. 1680x1050 resolution).

 

I am waiting for HP to come out and tell the court that their tx1000 is not a top of the line tablet PC at all. So any junk laptop can be a replacement.

I had been forced to replaced the keyboard, AC adapter within two years of very light use. At the end of last year, the wireless adaptor failed to detect the wireless network. I spent days trying to fix the problem, without success.

 

And if it had Windows Vista(Edition), then replacement should have Vista(Edition) or Windows 7(Comparable Edition). ETC.

 

DV9000owner.... great input... fixed....thanks. How's that?

Radioage.... good input but please don't add entire quotes if your input is additive. If you think a specific item needs clarification... write it out and then tell us why it needs to be changed. Great work though... just tighten it up a bit. It makes the board easier to read and presents your input better.

 

Are you proposing that this language should be used instead of the language Mr. Frank used?

It has a pre-installed operating system at least as advanced in functionality as the operating system pre-installed in the class computer;​

Read paragraph 35.2 to see what Mr. Frank has already suggested in the proposed order.

 

OldMajorDave:
WOW, I would like the find a Billboard that size close to Milberg's office and stand it vertical. Then all of us TX1000 owners could glue our laptops there artistically as a fickled finger of faith.

 

Nvidia is a coward to not say how widespread it is. the consumers should have the right to know. I wonder how many computers are affected not on the lawsuite?

 

On September 28th I sent an email to Mr. Westerman

To which Mr. Westerman replied (I believe in the same day):

Now, after having sent 3 - 4 emails to the Milberg lawyers, including Mr. Westerman, to complain about the replacement laptop I have not received 1 response. Shouldn't a lawyer who is supposed to be representing me at a minimum respond to my emails?

Also, based on the CCAF post, Mr. Westerman claims that an "independent expert" picked this replacement. I laugh at this statement, because I could produce 5 "independent experts" that would say that the CQ-56 is not a fair replacement for the majority of the class for every 1 expert he could produce saying the opposite.

 

Help Wanted:

Computer Expert:

Must be able to answer the below Question Correctly.

Is A Computer Manufactured in 2010 of like or Similar Kind

and Equal or Similar Value to any computer Manufactured in

2007, 2008 or 2009?

Contact: Wilbur Milburd

Reply to: compexpert @craigslist.com

 

I agree about being disgruntled of HP. i went through two printers that never had working updates to work with vista or newer. good hardware to the trash because HP won't design software that will install properly forcing people to buy a new printer. I spend 15-20 hours on one printer trying to install it and i'm ready to take it to the dumpster. too bad because it's a nice looking machine. also i've went through several hand me down give-aways compaq laptops in 10 yrs and all of them suck.

 

LOL, I saw someone suggesting and defending precisely that in the Engadget comments:

"You should be thankful that they're generous enough to give you anything."

What the Cuss! Are you serious?

Was happy to see someone objecting.