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

When I say demand... I mean through our response to Nvidia and Milberg on the 14th. We need to keep it simple and plausibly doable in the eyes of the judge. Nvidia and Milberg are making it out to sound like we will need to start from the ground up again if the judge allows this to happen. But in reality... all we need to do is fast track that "similar kind AND value" is the aspect of the judgement that is being skirted and that to comply with that agreed ruling we need to present the simplest answer to the judge.

Similar kind is based on screen size and processor be it a laptop or a tablet and similar value is a "brand new" current HP product... not a Compaq which is merely the budget line umbrella of HP and certainly not an Asus. Nothing against an Asus... I'm on one now, but that's not what was promised. That's not what we made our decisions based on when it came to opt-in or out time.

Demand may be the wrong word, but I believe we really need to produce a confident clear and concise solution to the judge or he may see it as a possible "fiasco" or "can-o-worms" if he were to allow it to proceed and in turn may deny our motion as I'm sure he has plenty of other cases he just "can't wait" (sarcasm) to get started on.

 

We have a confident, clear, and concise solution. Read the proposed order.

If you have a proposed matrix that will satisfy everyone without making it seem like we're asking for extra-powerful brand new computers, then, please, share. Otherwise, you're not being helpful. I presume the people with 15.6" screens and dual-core processors are not going to be happy with the CQ-56, for example, just because it has the same size screen.

 

Mr. Fox, Congress is full of lawyers, that is the problem.

 

Boy, I wish I could go to that hearing and place my dv9420 in front of the judge, next to the CQ56. Judges know quality, that is why most of them drive luxury cars.

 

No, HP does not make any 17" notebooks with Expresscard 54 or Firewire ports so they can't supply a replacement of "Similar kind and Value" for the DV9000 series! I need those ports! I want those ports! and to be made whole like the Apple and Dell people, they should have to replace my notebook with one that has those ports! I suggest they give all of us several notebooks/tablets to choose from in each catagory or give me an $1100.00 VISA card and let me go and get a new computer to replace the faulty one!

 

I'm with you Radio, Anyone want to buy a ExpressCard54 digital TV tuner cheap!

 

The whole point of the motion Mr. Frank made is (I believe) to enforce the settlement. And the settlement says "replacement". So the definition of the already specified language in the settlement - the "like/similar" verbiage - is really all that can be argued within the constraints of this specific action.

So while it might be nice to get cash or an HP voucher for some amount, that's not in the settlement, and would require literally throwing out the settlement and re-negotiating that. And that's not what this is about (even though Milberg insists it is...).

 

I don't think there is a retail EU37-BK model, Yet. From the expert testimony it seems like it will have the new N455 processor and DDR3 memory and a larger HD. How large we don't know. The EU27-BK also has the N455 processor and the DDR3 1024 Ram and a 250GB HD Windows 7 Starter. Speculation suggests that they have mistakenly posted the EU37 instead of EU27, but that is only my speculation. In either case, the N455 and the N450 are the same except for the DDR3 Ram support. Windows Experience Score for Processor will be the same. Ram will be slightly higher.

We already put our case forward, we can not change it now. I believe we put forth the best definition we could in the time we had. Now we have a chance to reply to the opposition, not remake a whole case. Tear apart the opposition, find their contradictions in the opposition docs and all docs sent from them. If we can firmly show that they led us to believe that we would truly receive a "Replacement HP computer of similar kind and value" or "a HP computer of equal or greater value" we will win and they will have to put their money where their mouth is and pony up the correct replacements.

No, We probably will not get every port that is on our original PC.
Sorry, If NVIDIA had settled the case 3 years ago when it first started there would be models available matching ours. Not so today. But this is not our fault and so we should receive an HP laptop SIMILAR to what our original had. Which would give us most of the features of our original and, with newer technology, possibly some others that could compensate for the loss of the original functionality.

 

I realize that but my point was that no NEW HP computer is a like replacement for mine. Just telling everyone else that only some of you will be happy with the replacement - HP Compaq or whatever is finally settled on.

 

One issue that the proposed order doesn't specifically address is that some of us chose 14" models for the smaller lighter form factor that they offer. Some may well have paid extra for the smaller lighter computers. If the proposed order were implemented, the settlement administrator would be allowed to supply us with a larger 15" notebook. While the substitution of a larger notebook wouldn't be a deal breaker for me, I would really prefer a 14" as a replacement. Many are available, even in lower priced configurations.

If the final proposed order is fluid, and subject to tweaking, I'd like to see it stipulate that a 14" would be replaced with a 14", not a 14" or larger.

 

I've tried to keep up on this the best I could, but I'm wondering at this point -- for those who are receiving letters, as I've had three customers receive them already saying their claim has been approved, are we recommending people go ahead and send them in or hang on to them? The wording in the letter tries to expedite people in sending it out, and they're not sure if they should hold off or not.

Obviously we don't have a 100% answer either way but I'm looking for opinions.

 

This is a good point, as well. Not quite the "kind and value" argument, but I remember SEVERAL pages back someone talking about how their closest FedEx office was several hours away. I know when I sent my laptop back for the "Not-Our-Fault-But-We'll-Extend-The-Warranty-Anyway" overheating black screen of death, I received a full set of shipping materials delivered to my apartment door and a barely-one-week turnaround time for getting it back. If I had to send it back, I'd much prefer the laptop-specific box I got before over double-bagging it into a standard FedEx envelope. Especially since it's OUR fault if it gets damaged en route ......

 

NVIDIA is really going cheap on this one. I have an e-Machines laptop that had video issues. Class Action suit had it repaired. They sent really nice boxes for us to send them our laptops in. I think NVIDIA states that all shipping damage is the responsibility of the Class Member, so they are going the cheapest possible. Same with the replacement Computers.

 

Does it state on the Best Buy Website that a 2 year standard protection plan (minus accidents) is only $89.99? So a one year warranty would be worth what? $45.00. I can see why they consider this such a bonus, since this is 14% of the cost of the replacement they want to give us.

Compaq - Presario Laptop / AMD V-Series Processor / 15.6" Display / 2GB Memory / 250GB Hard Drive - Basic Black - CQ56-115DX

 

It seems that the testimony from Dr. Bagherzadeh keeps mentioning how features not available on the CQ56 that were available on the original machines can be added with cheap usb devices. I've created an image of all the usb devices that I would have to add to the CQ56 to get all the features that my original computer had. Dr. Bagherzadeh makes it seem like it's only a money issue. It is also a matter of portability and convenience, especially as these are laptops, a device specifically designed for portability. Even if you don't have the tablet feature, this is still a lot of usb devices to be toting around!

Disclaimer: these are just stock photos from google images, and I have no idea if that is the CQ56 or not, or what features these specific usb devices have. This is meant just to show how inconvenient it would be to carry around this many external upgrades to the CQ56.

 

Personally, I would think it would be smarter to wait. I doubt the administrators will be sending out replacements until after the hearing anyway, but that's just my opinion. The class notice gives them 6-8 weeks to get you your replacement, and that's after they receive your computer.

 

For what's it's worth: I called the "settlement" number today to determine if indeed they received my laptop I sent them after receiving my Replacement Authorization. They did receive the laptop on Feb. 28th. In an earlier call, I got the standard 6-8 weeks reply as to when a replacement would be delivered upon receipt of the affected laptop. Today the reply was 8-10 weeks. Why the change? (call center had no clue)

1. too busy
2. can't source enough CQ56's
3. maybe awaiting results from the upcoming hearing before proceeding
4. something else?

 

That photo is a "must have" in Ted Frank's bag o' tricks.

How absolutely absurd to suggest that we should have to pack around an extra five pounds of crap in order to bring a new machine up to the standards we have built into our old computers.

 

If someone can create a photoimage with a CQ-56 and specific USB additions that correspond to Badherzadeh's testimony or an entertainment-model HP laptop, I'll use it. Send it my way.

 

CJean, I like the image but you forgot the 17" monitor and the battery to power it.

 

I have tracked down images of the following:

Image of CQ56
Bluetooth Dongle
Expresscard Adapter
External Numeric Keypad
External Webcam
Firewire to USB adapter
External Lightscribe DVD Writer
Multi Format Card Reader
VGA to S video adapter

but do not have the software necessary to create a photo collage, or the ability to upload all of them at once to this forum. If someone with the talent to create an image incorporating all of the above will email me, I will forward the individual jpeg's. All have clean white backgrounds, and none are very large file sizes.

It is VERY important to note that seven of these externals must be plugged into a USB port on the computer. Unfortunately, the CQ56 has only three, so unlike many of our computers which feature all or many of these functions internally, and still provide three or more usable USB ports, the Compaq CQ56 could only operate three of these external adapters at one time, and then, have NO provision for any other USB accessory like an external Hard Disk Drive or Thumb Drive.

 

You could also add:

• USB to S-Video or HDMI adapter
• number pad
• second hard drive
• adapter for two headphone jacks
• modem

All of those are standard or available on a dv9000. You'll probably need about 3 USB hubs to power all this equipment.

 

Here is a comparison of the Asus T101MT and the HP TM2T. The TM2T should be the replacement model for tablet owners. Author has a table and written review. Only error I noticed is that the US version of the Asus does not have Bluetooth.

Quick comparison: Asus T101MT vs Acer 1825PT vs HP TM2

 

My daughter is pretty good with photoshop and said she is willing to give it a try. I'll PM you an email address. Nice Work.

 

and too add, some usb hubs that are powered off a single usb port, have issues with connecting more than one device. I know the one I have connected to my Dell D600 has four ports to it, but it is basically useless to use all four, for instance I can connect my usb mouse, and a thumb drive, but another thumb drive it wont read or it reads and the mouse stops working.

So in the instance presented the user probably would need more than one usb hub.

This is the hub I have been using
http://images.mylot.com/userImages/images/postphotos/2148165.jpg

 

possible problem with stitching images together is that their true sizes may not be accurate.

 

Yes, everything needs to be to scale.

 

We'll do our best with scale.

 

That's for sure. I only get emails half the time for this thread and when i go check it i'm like 4 pages behind within a day. wow.

 

is your hub a cheap one or the Hi Speed kind? i have a cheap $10 one from target, with 4 USB's, using it on a Dell D600 also and have problems sometimes with 3 devices or more. And i hate all the xtra dangling it becomes. so i see why some are mad they would be forced to using a hub instead of the built in accessories.

 

Ok guys, new paperwork with the court proceedings have been posted at Mr. Frank's blog that i find to be highly dissappointing and to be honest, full of lies and "mis-truths".

first and foremost i would like to point out Millberg's "computer expert" (i say that in quotes because, while he does point out each spec and compare, NONE of his points made in his declaration contribute to the his fact that the replacement is better)

if you read before this, he REPEATEDLY states how perfectly INFERIOR the offered replacement is to the model that it is replacing. EVERY ONE of his bulletin points states that the asus is lower powered and operates at a FRACTION of our computers. the ONLY thing he contributes to his statement is that, since these parts, to be frank, suck in comparison to our model, they use up less power.

so the "computer expert" chosen by millberg's statement boils down to "since the replacement computer can run an extra 1.5 hours, this is therefor CLEARLY a better model and is a suitable replacement"...

NO! i also graduated college with a technical degree, as have many of my friends. i can take these spec sheets to my old teachers (who have also quite and extensive history working with hardware), and confirm this as well.
Battery life =/= better computer.





next up, i would just like to point out that Millberg LLP is the sole company responsible for such an undercut replacement:

Lastly, and more importantly, the statement concerning the number of complaints called/files/written to Millberg LLP. i cannot direct quote from this, you will have to go read it for yourself. their main claim in this document is that they received only 87 total complaints about the computers offered as a replacement. this is an utter lie, imho. let us piece together some of the facts:

1) the petition in my signature with nearly 200 signatures protesting the replacements. their defense is that

wrong. most of the signatures on there have a signed DECELERATION as well exclaiming JUST how inferior their replacements are. and these are only the people who have been brought to attention of this site

2) this very forums is a strong protest and petition of sorts OF the replacements. over 138 pages of information and declarations about why these are inferior.

3) i have called their offices, myself at LEAST once a week regarding this settlement, as many of you have stated in doing the same. there is no way that the total number of complaints is a mere 87.

4) i would also like to point out that while the petition reserves anonymity, so do the phone calls, as no personal information is given when a complaint is made. just how do they measure these complaints by class members then?

5) the wonderful site that achieved 100 signatures and declarations as well as personal statements, provided WITH the specs of their current computer and why they feel they are getting "ripped off" (i am regarding the wonderful site by JTfrommer of course)



so, in conclusion i know a little more today than i knew this past weekend: that Millberg is the sole proprietor of this scandal and nvidia was AGAINST this, that their "computer expert" listed specs that contradicted him at every turn, even in his conclusion, and that millberg apparently stopped logging and recording complaints a day or two after class members where made aware of the replacement models. i am fuming right now with what they are trying to pull.

while you are not my lawyer Mr. Frank, i am damn sure rooting for you. i really wish i could do more to help this, but i am doing everything possible.

a special thanks also to JTfrommer for this website that was released in pleanty of time to completely contradict the final statement posted.

and sorry for the wall of text. lol.

 

Just got back from business trip last night and this thread has absolutely gone nuts with new postings- I believe this is good thing and it appears I have quite a bit of reading and homework to do.

Also received my replacement letter in the mail and MY DOORSTOP WILL CONTINUE TO COLLECT DUST until we know more about whether we will have to take the wal-mart special or get a like kind replacement as promised :]

 

I just want a 12-inch ultra-portable tablet, and that's it.

If they can make a CQ56 12-inch tablet, I will take it.

Seems I have to call them and my lawyer now.....sign.....what a waste of time.

 

Am I reading this wrong, or is signing the Replacement Claim Form making you give up your claims for the action of shipping your class computer?

Read the part on page 2 starting with "By shipping my Class Computer ..."

So after you sign the form and they approve and you follow the submission instructions and send your computer, you might be waiting for your replacement, but by the act of sending your computer in, you already gave up your rights and there is no legal requirement for NVIDIA to send you a replacement (nor any quality of the replacement)?

I am thinking of altering this part of the Replacement claim form to state that
only the retrieval of the replacement notebook (not netbook) of at least similar kind AND at least similar value will release the defendant regarding the claims.

 

Im not sure, windows just calls it a generic usb hub, but it was free from one of those college career fairs similar to what newegg soldhttp://www.newegg.com/Product/Product.aspx?Item=N82E16817334013
so I guess its usb 1.1. its a pain to use. I originally had a pcmcia usb slot on my d600, but it seems the refurb mobo I bought off ebay the pcmcia slot is broken so I couldnt use that.

I got my replacement authorization forum today, I need to talk with my sister what laptop she wants to get or at least the equivalent. I know the compaq has better specs and I even have a spare AMD turion II dualcore processor for it, but she only uses emails and web browsing with it. And I am still weary of going with another HP/Compaq just for the bad experience with the TX1000

 

CPU PassMark Scores

AMD Turion 64 X2 Mobile TL-64 1046
Intel Atom N450 @ 1.66GHz 320
Intel Atom N455 @ 1.66GHz 311
Intel Core i3 380UM @ 1.33GHz 1274

Which do you think is the closest.
The Atom is in the T101MT Asus
The i3 is in the HP TM2T

PassMark - CPU Benchmarks - List of Benchmarked CPUs

 

Reading that in the court ruling a HP replacement of similar kind and value was promised, it seems to me the least viable replacement candidate for the HP tx1XXX class computers would be from the HP TouchSmart tm2t series.

 

This should speak for itself.
Tablet = netbook?
15¨ = 17¨ ?
single core = dual core ?
Missing features = What we not going to get

This is sad
More to add just a bit tired at the moment

 

I believe Jeff Westerman's declaration actually states that NVIDIA is the company that proposed the CQ56. Milberg made the mistake (or was it intentional?) of selecting an "expert" who is affiliated with NVIDIA and who can't grasp the concept that not all laptops are equal.

I definitely agree with you that the people who signed the petition only represent a fraction of the unhappy HP claimants. However, there are a couple comments interspersed that appear to be from people who are not members of the class.

 

If I got $13 million for negotiating this settlement I would be very happy with it too. If Jeff Westerman and company have to fight it their $13 million will be going down.

Those poor guys...

 

I have a tx1410 myself, so for me the 15" seems too big and bulky. I forget that some people do want a larger screen... again, this one-size-fits-all replacement makes no sense.

 

1. Before I use an ASUS netbook and shred my working tx1XXX (just no wireless) and buy extra peripherals (DVD, cardreader, ...), it would be better for me to just use a wireless USB stick with the tx1XXX (reduced to 2 avail USB ports) at the cost of maybe $10.

2. the other Apple/Dell repairs would have to be done at a similar "cost" (to NVIDIA). Because this is not possible, they would have to be getting replacements at 10$ which could be "a simple scientific calculator". As the scientific calculator lasts up to a year on a single battery charge, it is clearly superior to the repaired Apple/Dell computers although it misses some features. But the missing features have not been any obstacle in the current replacement proposal.

3. Because the value of the case would have been reduced by a factor of more than 30, the lawyer fees would also have to be reduced by a factor of 30, which at their claimed hours could only be $15/hour instead of $450/hour (as currently charged).

4. I am assuming that it is item 3. why this possibility had not been considered.

 

Concluding Remarks
Based on what has been published, the replacement unit is truly a tablet platform with much longer
battery life operation, lighter weight, touch screen navigation, retractable stylus, and overall a completely
new tablet with all the benefits of having a new computer. This replacement will reset the life of the unit
for number of years of operation without any expected problems, if the unit is properly handled and
maintained. With the expected one year warranty from the manufacturer for the proposed Nvidia
replacement tablet, class members could effectively reset the clock on their originals as far as warranty
expiration is concerned. On the other hand, the replacement unit has disadvantages in these areas: (1)
CPU rating for certain programs that can benefit from the dual core technology, (2) certain GPU
capabilities, (3) screen size, (4) camera resolution and (5) ODD functionality.

Of course the Battery will last longer, it's not powering an Optical drive, When you purchase an external optical drive and use it, See how much shorter the time is for the battery.

 

what are you talking about? the netbook's battery lasts 1.5 hours more than the tx! SURELY that means it's better right?

 

I think another issue with Milberg saying that they didn't get a lot of complaints is that they don't make it easy to complain to them. The nvidiasettlement website only lists the firm address and it is buried in the faq's. When calling the settlement line, you get a recording and it does not say that you can press "0" to speak with someone (this is also not on the website). If you do figure out that you need to press "0", they will not give you the firm number. You would have to look this up yourself. If you do that, you still have to go through a couple of operators to get to the right person. Basically, I'm surprised they got as many complaints as they did. I think it's suspicious that they didn't give the number of complaints coming from the settlement line. I know they have to log every call, so why wasn't this info included? I suspect it is because there were more complaints made there. Just a hunch.

 

i take it as a personal insult when a "computer expert" degrades my field like this. i take pride in being tech-savy and having a degree in this field. i love computers, and i love learning more about them. but when someone who claims to be an expert blatantly argues how a netbook, in any way, compares to a full on tablet pc, especially while contradicting himself at each turn, it really offends me.

 

very good point. i should have added that to my little rant. hehe.

 

I have a long life battery for my one and it last 1.75 hours longer than my other. All I'm saying is their expert isn't comparing apples to apples. Using an Optical drive uses energy from the Battery and the Models their offering don't have Optical drives.