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

It will not happen. You are saying that if two guys bought two "model A"s with average market price of $1000 at the same time, one failed in 1 year when it was worth $900, the other failed in 2 years when the market value dropped to $800. They will get a $900 repalcement model and a $800 model respectively?? No one is going to make the efforts to validate how long a particular PC lasted and how much it was worth at that time.

Today's $900 models would be many times more powerful than the $1500 models years ago. Also, don't forget the value of replacement PC(regardless of what they would eventually be) is also dropping while you are waiting. It's simply not realistic to expect that kind of "past value" to be paid back. I'm hoping for a quick closure of this settlement otherwise there would be even less value left in the end.

If you can get 80% of the original features plus some enhancements, that's already extremely reasonable and you should be happy.

 

No problem, I was wondering if that was why the count was taken down.

 

Hi I just joined and found out about this Nvidia issue a couple days ago when suddenly I turned on my laptop one day and the screen blacked out several minutes later.

I have a dv9033cl with an nvidia chip however my model isn't even listed on the claim site. What's up with that and is there any update?

On a side note my left hinge also broke after I found out there even was a recall that and by then repair program had already ended. Just my luck.

 

Did you look up by the model number or Product ID? You have to look through all the Product ID's.

 

Yup the product id is not included

RG341UA#ABA

It has an intel chip. I have read a lot of intels are not included for whatever reason.

I already bought a replacement computer anyways after fixing it a couple times, so I guess getting some cheap compaq is a moot point now.

I did the towel trick twice. The first time it lasted a day but after the second time it's been okay for a couple days so far, but I figure it's not long for this world.

 

....except when they're talking about the tiny majority (1%, was it?) for whom they negotiated a "...very successful and highly beneficial Settlement, providing completely new replacement computers with new and full warranties..."

 

Here's the reason I will never buy another HP product and why (I) think Milberg sued the WRONG company.

Quote from HP Warranty page 3 paragraphs 6 - 8 :

HP guarantees that the HP Hardware Products that you have purchased or leased from HP are free from defects in materials or workmanship under normal use during the Limited Warranty Period. The Limited Warranty Period starts on the date of purchase or lease from HP, or from the date HP completes installation. Your dated sales or delivery receipt,showing the date of purchase or lease of the product, is your proof of the purchase or lease date. You may be required to provide proof of purchase or lease as a condition of receiving warranty service. You are entitled to hardware warranty service according to the terms and conditions of this document if a repair to your HP Hardware Product is required within Limited Warranty Period.


Unless otherwise stated, and to the extent permitted by local law,new HP Hardware Products maybe manufactured using new materials or new and used materials equivalent to new in performance and reliability. HP may repair or replace HP Hardware Products (a) with new or previously used products or parts equivalent to new in performance and reliability, or (b) with equivalent products to an original product that has been discontinued. Replacement parts are warranted to be free from defects in material or workmanship for ninety (90) days or, for the remainder of the Limited warranty Period of the HP Hardware Product they are replacing or in which they are installed, whichever is longer.

HP will, at its sole discretion, repair or replace any component or hardware product that manifests a defect in materials or workmanship during the Limited Warranty Period. All component parts or hardware products removed under this Limited Warranty become the property of HP. In the unlikely event that your HP Hardware Product has recurring failures, HP, at it's sole discretion, may elect to provide you with (a) a replacement selected by HP that is the same or equivalent to your HP Hardware Product in performance or (b) to give you a refund of your purchase price or lease (less interest) instead of a replacement. This is your exclusive remedy for defective products. End Quote


Seeing how they don't make a replacement for my TX1327CL. Just give me a refund because they ( HP ) have known for a LONG time that this nVIDIA chip that is part of their HARDWARE is pron to failure.

Milberg should be sued by the class for wrongful tactics that mainly prospered his firm and didn't give a rats donkey about us.

 

You are absolutely right.... But it seemed that HP was somewhat clueless at first. Following are the links to the old old story...

Tech Shakedown: HP Pavilion notebook owners flood HP's site with WiFi problem complaints | ZDNet

Folo up: HP admits to problems with Pavilion notebooks and tries to help. But is it enough? | ZDNet

The problem with V3000, V6000/DV6000, DV9000 was very common and I believe they offered free Wifi replacement and warranty for 1 year. (Not everyone was informed and I missed it) There really should have been a "recall" and HP should have sent post cards to all affected customers...

By the way, I have not bought any PCs from HP since 2007. My main PC is a Dell Studio XPS with i7-920 and ATI 4850 from Dell Outlet for just $629. I recently bought a second one with a 15% off coupon. They look like new and Dell actually offers the same 1 year warranty on outlet products.

 

Good idea to keep reminding HP that they are not faultless in this mess. The more unhappy customers they hear from the better. Following is my email to CEO Léo Apotheker.

RE: NVIDIA GPU Class Action

I am contacting you in the hope that you will right a wrong that started long before you became CEO of HP.

In 2007 I purchased a TX1110us. This was by far my favorite of any computers I have ever owned--until when in 2009 it experienced the infamous loss of wireless and the NVIDIA GPU failure.

Not only did I lose the $1300 I spent on the tablet, I had to purchase another laptop for about $600 (I could not justify or afford another expensive computer after having one fail less than two years after purchase).

Having HP decline to own up to manufacturing defects was disappointing, disillusioning and extremely frustrating to say the least. But that fact pales in comparison to the current NVIDIA settlement where Dell and Apple owners are apparently being reasonably compensated for their losses and HP owners are not.

Until now I have continued to purchase HP products. However I must say that in view of the current situation, if I am not now justly compensated for the loss of my TX110us, I will not be purchasing any additional HP products. Furthermore, I would feel impelled to make this situation known as widely and effectively as possible. HP can make some great products but they are useless if HP does not stand behind them at least to the point that other manufacturers stand behind theirs. I purchased my tablet from HP, not NVIDIA.

I respectfully request that you personally intervene in behalf of the class members to see that this situation is rectified.

 

There is actually a case pending against HP:

Investigation of HP Pavilion Design Defects

In fact, the computer I sent to NVIDIA had exactly the same sympton as described! It is possible the dead wifi and dead PC had two different root causes.

 

Yep, and HP should have sued Nvidia a long time ago.

 

Interesting! I wonder what happened in this case?

Faulty Computer Lawsuit Against Dell Alleges Employees Covered Up Problems - Dell news from Channel Insider

Anybody know?

 

•On June 28, 2010, The New York Times described a civil case against Dell in Federal District Court in North Carolina, in which Dell shipped at least 11.8 million computers from May 2003 to July 2005 that were at risk of failing because of faulty capacitors made by the Japanese manufacturer Nichicon. The suit alleges that these faulty components in Dell's OptiPlex desktop computers, were known by Dell to cause problems or computer failure up to 97 percent of the time over a three-year period, and yet it is alleged that Dell knowingly concealed these component problems from customers.

 

Well, if anybody really wants to really know the whole back story to our issue, start at this link:

Nvidia's bad bump misery deepens- The Inquirer

and make sure you follow the links in the article. This site has the most thorough explanation I've found, and I've been researching this since 2008, when my dv9000 started going haywire (the wireless problem).

There was another interesting article published a few months later: Nvidia finally understands bumpgate | SemiAccurate

Be prepared, you could be reading for a while....

 

According to the inquirer article the G72 models were also affected.

 

I will.

I think my "old" tx1000 still worth more than $400. I used it less than 500 hours due to the heat issue. No one in my family want to use this heater.

 

It was settled.

Maximum PC | Dell Settles in Court over Alleged Defective Capacitor Cover-Up

One of the comments from the above link:
"The most OEMs that seem to have bad PR are the ones that like to make el-cheapo computers (eg: Dell, HP), all for the sake of a quick buck. My advice: don't buy cheap piece of crap notebooks that are 500 bucks! Go for something a little more substantial, like the 7-900 dollar price range and you won't get stuck with a dud..."

Maybe someone here can give him a lesson...

 

So I was thinking today about the Dell and Apple guys getting to be made whole via a chip replacement and I thought my dv9000 is only worth the cost of a chip replacement for the apple and dell guys according to nvidia and dudburg.

 

Thanks to miapjp for sharing the story. It's very informative.
I will consider AMD/ATI first whenever possible......for future purchases.

 

I can't quote this enough...

From: NVIDIA Provides Second Quarter Fiscal 2008 Business Update

 

I thought I should point out that the "Windows Experience" rating of 2.3 in the Chinese link may be higher than what we'd actually get. According the the Chinese images the rating includes 2GB of ram. It is very likely we'd only get 1GB.

Of course there is still debate if the T101MT-EU37 is a typo or a new model that is being created. Here is a pretty good link of all the different models currently for the T101MT:
ASUS Commercial Products | EEE PC TOUCH T101MT

As you can see only the BU27 model has 2GB.

 

That would increase the ram score, not the CPU score. Also the N455 processor that supports the DDR3 ram scores lower on the benchmarks than the older N450. In any case a little extra ram or a little faster ram is not going to increase the performance much. Dr. Bagherzadeh's report shows the Asus failing by a large margin in every category except weight and battery, but amazingly still recommended it for the replacement.

 

Does anyone have access to the dockets mentioned in the "Memorandum in support of motion to enforce settlement?" In particular, I'm interested in statements that NVIDIA, Oreck, and Milberg made. I'm sure Ted Frank and jtfrommer have things well in hand, but I didn't know if it would be worth having people "crowdsource" these documents to find additional contradictions between their response to Mr. Frank's motions and their statements prior to the settlement being approved.

 

This has actually been my suspicion all along. Most likely, Dell and Apple computers CAN be repaired because fixing the issue with nvidia's gpu solves the problem. On the other hand, from my understanding, the gpu defect Is exasurbated by a defect in HP's motherboards which causes them to run too hot. Further, call me cynical, but I HIGHLY DOUBT that the reason we have no repair remedy is because of a lack of parts. I think it is really because they KNOW it will just break again. Maybe this puts a kink in their ability to claim no wrongdoing...

 

I just posted about this on fairnvidiasettlement.com, but I thought it was worth mentioning here. Bagherzadeh's claim is essentially that the faster DDR3 RAM and the warranty makes the CQ56 equivalent to the faster, larger, and accessory-laden dv9000. I've already stated that, per Exhibit B in John Peddie's declaration, only 4.7% of users will expect to use the warranty. So that's not exactly a lot of value-added. Now for the RAM...

Bagherzadeh claims that one of the biggest benefits of the CQ56 is faster memory:

"The data transfer peak for DDR3 is 17 GB/s whereas DDR2 is 8.5 GB/s. DDR3 has a bus speed that is twice as fast as DDR2. Thus, from DRAM capability point of view, the replacement unit is superior to all the originals. DRAM memory is one of the key components for a PC, impacting the overall performance and battery life of a unit."​

However, the fastest supported memory in the V140 is DDR3-1066 [ source, source2]. The DDR3-1066 RAM supports 8533 MB/s transfer rate [ source]. DDR2-1066 RAM supports 8533 MB/s transfer rate [ source]. While DDR3 CAN be faster than DDR2 RAM, the V140 doesn't support that faster RAM.

The number of critical mistakes Bagherzadeh has made is truly mind-boggling.

 

I beleive all the docs are posted here (don't know how to link on my phone... And it's all I have STILL!):

Center for Class Action Fairness: Motion made in the NVIDIA GPU class action settlement

 

There are many dockets not posted on Mr. Frank's blog. The dockets I'm interested in include numbers 256, 302, and 306.

 

I know my Chinese is a little rusty, so lets see if I read this right.
1. I see a picture of a Device Manager that has TWO:

Intel (R) Atom (TM) CPU N450 @ 166 GHz
Intel (R) Atom (TM) CPU N450 @ 166 GHz

This appears to me (and correct me if I'm wrong) to be a Duo core processor.

Then I see a picture of a man walking away from what appears to be a Cinebench motorcycle that he used to run his Asus over with and finally I see the little M sisters that need to see if the overclocking is not common.
I think that sums it up and I think I'll pass. NEXT

 

I just sent an email to John Stossel, remember he used to do so many consumer problems on ABC and is now with Fox Business. I will continue to write to who ever I can think of til someone takes an interest. You never know til you ask right?

 

One core two threads via hyperthreading

 

The defect on ALL the TX1000 models I've seen (on you tube) and including one of my own is NOT the nVIDIA chip. HP runs the heat sink from the CPU through a copper tube across the top of the nVIDIA GPU and finally through the fan. Where the tube goes over the GPU, They (HP) put a piece of foam in between the GPU and the copper tube. This foam acts as an insulator and causes the GPU to get hot enough to cause the solder to start to (LIGHTLY) melt and over time the foam shrinks allowing the GPU to drop down (Gravity) and lose contact. There's two different kinds of solder used in electronics. They have different melting points, the old was a lead solder and the new solder is lead free, having a higher melting point. I don't know when they started using the lead free solder in the HP's but I suspect not for awhile. People (on you tube have shown that by turning the mother board over and exposing the GPU and reheating it causes the reconnection and the TX1000 lives another day. This pretty much proves that the GPU is OK.

 

Thank you for the info

 

Forgot to mention this....Jeff Westerman told me if I could find someone to repair my laptop besides HP that I could send a claim if I did it before the deadline. Well I talked to a computer repairmen today and he said the only way to repair it is to completely rebuild the laptop if that is even possible he is checking it out and will let me know. When I told him the replacement they are offering he couldn't believe it. He said the CQ56 is no where near the laptop of the DV9000. So wouldn't that cost a lot more than simply replacing my DV9000 with a real comparable unit? I am not tech savvy so I really don't know a lot about the workings of a computer. All I know is my computer is not a piece of crap like the one they want to replace it with. My friend is bringing me her daughter's CQ56 for me to see how it compares to mine. Will post what I find tomorrow night. I just want to thank everyone for their help and experience in this whole ordeal. Ted Frank you are awesome!

 

256, 302, and 306 are all on the NVIDIA Settlement website--they're the memo in support of settlement, Plaintiffs' Reply in Support of Settlement, and NVIDIA Reply in Support of Settlement.

 

This is what tx1xxx owners should get AT LEAST a:

HP Pavilion dm1 and dm1z series | HP Official Store

HP Pavilion dm1z series

Starting from: $449.99*

This series is ready to make you productive on the go. You'll get:
A dual-core AMD Fusion processor E350*** for fast Web surfing and smooth HD video
Genuine Windows 7 Home Premium
AMD Radeon HD 6310 discrete-class graphics and support for DX11
Our CoolSense technology, which adjusts the temperature when the PC is not on a stationary surface
An 11.6" diagonal high-definition§§ (720p) display
2GB DDR3 system memory (upgradeable to 8GB)
A 250GB§ hard drive (upgradeable to 750GB) or a 128GB Solid State drive for lighter weight and better battery life
A full-size island-style keyboard
An optional external CD/DVD drive for installing software or Blu-ray drive for watching HD movies (this model does not include an internal optical drive)
Support for 1080p HD content playback
Dolby advanced audio and Altec Lansing speakers for premium sound
A 6-cell battery that keeps you running for up to 9.5 hours2
ENERGY STAR® qualification

 

Made my $2k tx1000 work with a hair dryer (not a heat gun) and the same with my daughters dv9000, which makes me think some real
poor soder was used. I also think from what I've read that they have a major over heating design fault and can't be repaired to last, mine took a dump at 6 months and after HP repaired it, another 6 months.I filed on my tx1000 and received my approval letter a few days ago, now waiting to see what shakes out with replacement brands-models. This a GREAT
site and I appriciate it.

 

It's the result of hyperthreading. It is indeed a single core processor.

 

To discuss Dr. Naz's argument, DDR3 is theoretically double the speed. However, in our case, it is not. This is how it breaks down:

DDR2-800 has a memory clock of 200MHz and a peak transfer rate of 6400MB/s (800 MT/s).

DDR3-1066 has a memory clock of 133MHz and a peak transfer rate of 8533MB/s (1066 MT/s).

 

Yesterday I e-mailed Mr. Westerman about the specs of the "EU37." He said he would get back to me but I haven't heard anything as of this morning. It'll be interesting to see his response.

 

Just so you know. The reimbursements are capped at $2mil. If requests total more than that you will only get a partial reimbursement.

 

I just don´t get it? j/k
¨Maybe we can trick them into, maybe strong arm them.¨We´re so much bigger than them.¨
Lex Luthor comes to mind

Dr. Naz's <-- I would not be surprised that this ´expert´ has been on ´other´ cases probably passed around. They won´t know. This is far from humorous and as long as you sign that form you waive your rights. Ooops.. ´See you name here, well that says you have no rights anymore.´ What I would like to see Milberg have charges brought against them. They told be that they were still going through ´negotiations´ for replacement laptops. You see our ´attorneys need to maintain a good relationship with the plaintiff. Who know´s if they´ll be in court again together. Maybe his firm will put him on the case with HP in the future. This is ´VERY´ unsavory behavior. I hope the judge sorts this out some. I´m going to see if I can contact some press around here.

 

HP probably used the same hair dryer you did. If you read the warranty, they only had to guarantee it 90 days or till the end of the warranty period.

 

Another disappointed Tx1000 owner here. This is a great forum and I appreciate the efforts everyone is making to supplying valuable information to support the Class members and Ted Frank's work.

A few posts back had a link to a Jon Peddie interview where he stated he could not live without his laptop. We should contact him and Dr. Nader B. to see if they would be willing to hand over their laptops and I'll gladly supply them with an Asus T101MT tablet. After all, it's a better replacement because it has a better battery life!!!

Who can believe a 'Paid Expert' anyway. He's only providing a conclusion that NVIDIA / Milberg want/need to help their case regardless of how ludicrous it is. All the degrees in the world don't mean diddly if you lack common sense and common sense shows that a 'netbook' is not a 'notebook' and in no way can be considered a suitable replacement.

Even the fact that they are considering the model with Windows 7 Starter Edition is an insult to us Class members. Windows 7 Starter is so lame, you can't even change your desktop wallpaper with it, not to mention you won't be able to make use of the touchscreen features unless you upgrade to the Home edition.

And how dare Dr. Nader B. make a blanket statement saying that most of the features that made us purchase the Tx1000 probably don't matter today and that between the CQ56 or the Asus, we should be satisfied.

These "expert" arguments are so weak...

 

Don't have to go as far as offering them an Asus. Just ask what kind of laptop they have. I bet they don't have a netbook. And if they do, it is just to play on the internet and not for serious work.

 

Ok, so I think those are on nvidiasettlement.com under "court documents." the links don't say the doc#, so u have to open them to see... I'd figure which is which for u, but I only have a phone right now and I'm at work. Not sure if all those are there, but, for example, doc#256 is the link that says:

"To view the Notice Of Motion And Motion For Final Approval Of Settlement formatted as a PDF file, click here."

sorry I couldn't be more help!

 

From CNet UK

Asus Eee PC T101MT Review | Netbooks | CNET UK

I like the quote that even with 2GB ram it's still a long way from the performance you'd get from even a budget laptop.

Here is their conclusion:

 

I wasted way too much time with HP's support and case managers (that's what they called themselves) to be told "I nose nuttin bout no problem" and "I'm sorrrrryyyy" that I have not or ever will spent a nickle on any HP
product, the HP printer I had did work good for target practice. They lied over and over and over..and that just doesn't cut it with me, and the 3 weeks they had it to do their hair dryer fix...just too much.

 

My hair dryer probably cost more than their's. What a joke.

 

When my Pavilion DV9000 died last summer, I needed a replacement asap as I had a video shoot to do and edit just three days after it crapped out. I ended up buying the ASUS G72GX at Best Buy and it has served as a good replacement. It came with 6 gigs of RAM, a 1g video chipset and and Intel Core 2 Duo processor. All for about $800. It was a better machine, overall, than my DV9000. The only downside is that it weighs more and has a bit bigger footprint.

ASUS is known for gaming, so they've made a machine that handles cooling very well. I would love to see a G72 offered as a replacement for my dead DV9000, but I know there's not a chance of that happening.

On another note, I'm still waiting for my letter. I called last week and was told it was still pending and to call again in 7-10 days. I may make it to March 28 without having to decide whether to wait or not!

Edited: I guess it would be their G73 now... the 72 is obsolete for the most part.

 

My point exactly! I knew it was not just a nVIDIA defect that caused the problem, but rather the combinationof it and a defect on HP's side. I couldn't remember the specifcs though, so thank you so much for filling in the technical details...

And ohhh yes! I have seen the YouTube penny fix video as well. My $1500+ tx1220us started showing symptoms within months, and TOTALLY DIED within the first year. Matter of fact, I have tried everything I could find to fix my tx, including wrappng it up in a blanket, etc...

One last thought here, I KEEP seeing people mention depreciation even though there was NEVER any mention of it in any court dcuments or preceedings (before the settlement was cleared by Judge Ware anyway). Honestly, in my eyes, the current market value of our "used" laptops vs. their market value at the time they quit working, (or depreciation at all for that matter) could not be any less relevant! It simply means NOTHING to me!!! In fact, I suspect the reason it was never brought up (prior Mr. Frank's involvement) anywhere is because it DOESNT MATTER! The way I see it, I spent OVER $1500 on (what I thought was) a top of the line laptop. From reading these posts and other threads, it seems as though mine started malfunctioning quicker than most (symptoms appearing 1-2 months after purchase). But whether the defects began showing after 2 days or 2 years, the fact remains that I spent $1,500 on a defective product! I didn't shotily manufacture the GPU, I didn't design the motherboard poorly, nor did I decide to boost my profit margin by selecting weak inferior materials. Therefore, the defect(s) were present at the tme of purchase. I got less than a years use out of my computer in TOTAL before it quit booting. But considering the symptoms were basically always there causing problems, I technically didn't even get a year of use. I got to use a malfunctioning product for just under a year, so in a way I NEVER got to use the computer I paid over $1500 for!!! I paid that much for a new, problem
-free pc which I never recieved. I just mean that I didn't have a single day with that computer where it was workng how it was supposed to!
Sorry! Ranting...

It just bothers me SO MUCH to see nvidia AND OUR COUNSEL trying to jstify this by saying something like, "nearing the end of useful life," or "old outdated computers...", etc, etc, etc. Unfortunately, I don't have any way to MAKE nvidia or HP do the RIGHT THING and take responsibility for their mistakes, nor do I have much control over how long lawsuits take in court. But from what I have been reading, it seems like NVIDIA (AND OUR COUNSEL) are trying to use their stalling and lack of action as a defense to justify screwing us over! It blows my mind!!! Hell, the ONLY REASON our computers are now 3 years old is because NVIDIA/HP intentionally denied a well-known defect, continued to sell products with that defect, and then when consumers caught on, they drug it out in court AS LONG AS THEY POSSIBLY COULD!!! Actually, had we been able to get this before a judge as soon as people became aware of the problem, all this crap would be a moot point. We would all still have 0-1 year old computers!...

Too bad tactics like these (deny, deny, deny,... stall... deny, deny....) are legal AND common, and accepted strategies!...

It's like... fancy stealing...