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

shasta7, where exactly can I file if I missed the deadline?

I clicked the link you supplied but could not find where to file. The only link I found for filing was this one If you missed the claim filing deadline or mailed in your notebook ? FAIR nvidia settlement

but I don't see how I can file if I missed the deadline. Sorry if I just missed the link on the link you provided.

 

CFrank - yep, I remember reading that exact same post and I thought it was pretty good. It seems that was the only positive takeaway from that person's interaction with HP, from the executive office all the way down to the grunts. HP certainly is circling the drain... and what a sorry situation to have a CEO turn a blind eye to one of the "little people".

 

That was me who talked to HP. HP said that if they were replacing a computer under warranty, they would replace it with a computer equal to or better than the original. I suspect the rep was implying that the CQ56 was not equal to or better than a dv9000 (the computer I have), but everyone (excluding Milberg and NVIDIA) already knew that. Since the rep was unwilling (or not allowed) to say anything explicitly, this won't help our case.

 

Jeff-

That's a good point. I have re-activated the declaration form.

Thanks!

 

I believe there was a post from OldMaorjorDave who gave his own replacement dealings with HP.

I recall he stated that HP compared the units feature-by-feature and offered him equal or greater features in his new notebook free of charge.

That unfortunately is NOT the case here with NVIDIA.

 

Thanks Kevin,
I really think that this is important!!!!!!

 

For the Pavillion 17" replacement, here is another prospect -

http://www.jettaus.com/pdf/jetbook1725p.pdf

Has Bluetooth and Expresscard slot.

 

I don't understand your response. They aren't negative comments unless you're on Milberg's and NVIDIA's side. Nothing in my comments is negative toward class members or any of the fine people on this thread. It seems you have misinterpreted my comments.

 

MR FOX check pms

 

hey MR Fox call me direct check pms

 

They may need the extra time to order the replacements. they may be trying to get as close the the number needed as they can without going to far over. They don't want to get stuck with extra "craptops" that nobody wants.

But seriously, if they were to order 30,000 laptops it will take a while to get them ordered and shipped even if they are sitting in a warehouse somewhere.

 

delete
this stuff

 

edit edit edit

 

thx mr fox tomorrow

jeff

 

edit edit edit

 

Well. It looks that the days are counting down. I am glad that I was able to find this thread. I believe this was already said. We´ve been treated unjustly. Just about every person I have told this story to factually, has been a bit surprised. When Ive told people that the lowest end computers were offered as a replacement some people just shook their head.
We need representation from both our old defense (Milberg) and representation from HP/nVidia.
Most amazing is how Milberg has not commented on this. There has been no public declaration of its wrong-doing. There are at least three types of computers that have been affected.
- 15¨ Entertainment Class Laptops
- 17¨ Entertainment Class Laptops
- 12¨ Touch Screen Tablet PC´s

Only one class seems to be poorly represented in this settlement. The Netbooks really shouldn´t even be listed. I don´t know what kind of ´professional´ was consulted. Looks that pretty much all around people have been somehow on the take. Somehow Milberg has been paid already and we have NOTHING. This is absolutely wrong. If Judge Ware or someone from this case is reading this I hope you do something about this. We need some help here.....

-- We deserve adequate replacements for our computers and if that cannot be provided we should receive a refund.

-- Adequate should be same replacement screen size.
-15¨
-17¨
-12¨ Touchscreen Tablet

All machines should be dual core.
All machines should have the following:
-- USB
-- Firewire
-- Media Card Reader
-- Video Out
-- 10 BaseT Output
-- PC Card (PCMCIA)
-- Webcam
-- Audio Output

We are in the process of being cheated as consumers.
Hard earned money was spent on these computers.
I am sure that there are people without computers because there´s is broken do to manufacturing failure.
I should hope that because there have been claims made perhaps a short extension be offered so that the latecomers have an opportunity to recover losses.
This should not be too complicated going forward these Class Action lawyers have done this type of work before. This looks to us that Milberg out defense does not have a real interest in helping us recover losses from this fiasco. I hope you are reading this and read through some of the comments collected. I believe they are accurate. Much hard earned money was spent with the faith of HP´s name. I thought that a good quality product was purchased. I have used nVidia products for many many years.

 

This could be used to provide and idea of what we are talking about... There hasn´t been a tablet mentioned. Perhaps someone can do this...

 

Hey everyone! Using the Milberg principle, I found a one-size-fits-all "like kind and similar value" replacement for the CQ56-115DX and Asus netbook that NVIDIA is offering class members.

Check it out: LINK and LINK

 

There is at least one disgruntled owner of a 14" laptop who would appreciate a replacement with the same size display. I bought a 14" to save a bit of size and weight, and paid a bit of a premium for the more compact computer. I really don't want a 14" or larger replacement. I would like something 14", or a bit smaller.

Does anyone else have the HP QuickDock? It's pretty handy when using the computer at home. A single connection hooks me to power, network, speakers and external monitor without the necessity of attaching four cables to different sides of the laptop. I don't see any laptops in the current HP range that would allow me to continue to use this accessory. I bought mine cheap on ebay, so the loss of use isn't a dealbreaker, just another "minor" annoyance.

 

In reading [258] DECLARATION OF JEFF S. WESTERMAN IN SUPPORT OF (1)
PLAINTIFFS’ MOTION FOR FINAL APPROVAL OF SETTLEMENT, I am hopeful that Hon. Judge Ware will be sympathetic to HP Class and issue a decision in our favor. Why? Read this for yourself: (page 18 of 65)


VI. PRELIMINARY APPROVAL OF THE SETTLEMENT AND MAILING
AND PUBLICATION OF NOTICE OF SETTLEMENT

Specifically, the Court ordered that the Administrator prepare and provide to the Parties and the Court, ten days before the Final Approval Hearing, a report detailing the claims that are denied and why, and further ordered that
the language pertaining to acceptable documentation of a proof of purchase be broadened to encompass any documentation the Administrator deems adequate.

The Court’s order also required that certain aspects of the Settlement’s timing be re-negotiated among the Parties. On September 14, 2010, Plaintiffs filed a revised proposed order, which the Court signed on
September 15, 2010.

I understood these requests made by the Court underlined its desire to protect all Class members.

I hope he finds out the truth and rules in our favor.

 

I have 2 HP Tablet computers. I purchased the first one (TX-1115NR) on 06/11/2007. I filed a claim before March 14th, and I received an approval letter. Like other class members, I'm waiting to see what happens on March 28th before I send in the computer.

The second computer (TX2-1025DX) was purchased on 03/21/2009 at Best Buy--so was the first computer. I purchased Best Buy's Geek Squad Black Tie Protection Plan for 3 years for $329.99 since I had a bad experience with the TX. I'm glad I did, otherwise I would have 2 useless computers without warranty/protection. This TX2 began showing the exact symptoms as the TX on 02/21/2011. I took the TX2 to Best Buy the next day. After 2 weeks, on 03/08/2011 I received the TX2 back from Best Buy. I was told that the motherboard and the CPU had been replaced. (If I had not bought the protection plan, the cost for the repair and labor would have reached at least $350.) Once at home, I started the computer, but I found it odd that the screen had shown the screen that comes up when the computer is not shutdown properly. I continued with the bootup in Normal Mode, and then downloaded some updates from Windows. After the updates were made, I restarted the computer. And guess what? The computer did not start! It showed the same black screen, with no hard drive activity, lights on, fan on, but nothing else. The TX2 only worked for about 30 minutes during the updates process. I took the computer back to Best Buy the next day, on 03/09/2011 and told the Geek Squad agent what happened. The TX2 was sent back to the repair facility. I'm expecting a call soon, since according to the Repair Status, the computer has been repaired and shipped to the local Best Buy.

What I find curious is that the TX2 has exactly the same symptoms and apparently the same defects as the TX, but it was not included in the settlement. Maybe it wasn't included because it was a newer model and bought much later than the period that determines which tablets qualify (March 2007 - May 31, 2008). I suspect that some models were not included for (at least) 2 reasons: 1) the number of claims would increase, and 2) their argument about "old" computers would be weak--more than it already is.

I really hope that when I get the TX2 back that it will be the end of the problem, but I'm not too hopeful. The only thing that keeps me somewhat with a peace of mind is that I did purchase an extended protection plan for the TX2. If the computer fails again, I will let Best Buy know [ ] that I want a different computer, and if they are not aware of the settlement that is going on with HP computers I will let them know. Otherwise, I would take the risk of having a working computer, only until after the extended protection expires on 03/20/2012. In which case, I would be in the same situation as with the TX before the settlement. Anyway, if you all are interested, I will try to update the thread with whatever happens with the TX2. :smile:

 

materanl - please do provide an update. What an awful situation.

jtfrommer - we hope so, too. If Judge Ware is reasonable and looks at everything objectively, he will.

dfs - I use a docking station with the system provided by my employer and it's a great feature. If small and light is what you wanted, then a 15" display is a downgrade. You're correct about many people paying extra for a compact system. That is also a missing feature in your case. To date, nothing the settlement administrator and NVIDIA has offered meets the requirement of being a "replacement notebook computer similar in kind and value" and both are notable features that the Procrustean approach fails to remedy.

 

I don´t have one of these quick docks and had one for an IBM that I had once. Very useful when shopping for the dv9410us I wanted support for it and didn´t end up purchasing it. I don´t believe this is a minor annoyance rather supports the fact that we thought we were buying laptops that have much value in the features they provide. The rest is history.

 

I have been told by tech support from different companies that I would have to pay for shipping on a computer covered under warranty. Gateway even told me that the "shipping costs paid" section of my warranty only meant that they wouldn't charge me to have them look at it! After arguing and reading them the terms of my warranty, they finally agreed to send me out a pre-paid mailing box. If you are under warranty and are told to pay for shipping, argue until they agree to pay. It is a shame that consumers get screwed unless they spend hours arguing with tech support.

 

Mr Fox I sent you a email and the address bounced

This message was created automatically by the mail system (ecelerity).

A message that you sent could not be delivered to one or more of its
recipients. This is a permanent error. The following address(es) failed:

>>> [email protected] (after RCPT TO): 550 Requested action not taken: mailbox unavailable

 

My tx1127 (May 2007, $1100) had video problems from the beginning. Though registered with HP, I was never notified of any defects or warranty extensions.
Used relatively little, primarily for slide presentations, it was great because of the small remote.
The small 14 inch fits in my bag. I added photos for safekeeping while traveling.
It constantly had problems connecting to a DTV or a projector. I had to switch between the RGB monitor cable, and S-video cable, and sometimes neither would work. It never did seem to get hot.

When the screen suddenly went blank last year, local shops told me to throw it away, not repairable. PC Mania in Norwood MA ( :: Pc Mania Company ::) fixed it for less than $100.00, from my e-bay account.
Unfortunately, it went blank again while in Germany in November. PC Mania fixed it again, and for and additional $25 installed their modified cooling fan. Now it works, but is far too loud, and I don’t trust it any more. But repair might be an option for those who missed the filing dealine.

When my return authorization letter listed sub-par replacement choices, CQ56 and Asus, I looked around and discovered this thread, already about 160 pages long by then.
Reading suggestions here, I am biding my time to March 28. I already bought a new laptop (HP, no remote ), so am not quite clear which way to go with this one. The unit will ship in the USPS one price box (much faster and cheaper than UPS), and PC Mania will install another fan for another $25. I read the suggested ‘Boot and Nuke’ pages, but can’t tell whether I can preserve the System Restore that is on partition drive D. Or will the entire hard drive, C and D, be erased…?
Mr. Westerman’s email reply to me says only HP hard drives can be removed, all others (Dell, Apple, etc), must leave them in. I would have no need for the hard drive.
Also, all other parts (memory, power supply & cable) must be included when accepting the exchange and shipping the computer.

 

Sounds like your computer got the famous "Hair-Dryer" repair ..
I believe when one adds on a premium ($99.99+ per year) warranty ext/Service Contract as it appears you did, there should be a 'one strike and you're out' policy, claim you repaired it and if it fails within 30 days, a replacement of equal value will be provided, quickly.

 

It is offensive to me that Mr. Westerman personally told me that "depreciation was not a factor" in choosing the replacement models, and then I read in Mr. Peddie's declaration that the class computers are "old" and "nearing the end of their useful lives." He even uses the term "depreciation." It's always nice when your own lawyer lies to you...

 

That is hilarious. It's good to try and keep a sense of humor while dealing with all this crap. My HP dv6770se is experiencing the same problems as the affected computers, but mine is not on the list.

 

Don't let Milberg see this!

 

4-Sure, I was so close to hanging my tx1000 from a tree, calling the Consumer TV Dude out with his video crew and putting a clip of ammo
through it, but them I discovered the magic "HairDryerRepair" on YouTube,
which brought it back to life and was fast and easy and even if you had to
do it once a day/week/month I passed on the 'hanging' ..

 

While I am pissed at HP, my experience with HP business notebook has been pretty good. I received a corrugated FedEx box with prepaid shipping label for warranty work.

Read more about it here

 

And the OLPC model has a webcam... the CQ56 doesn't.

Glad you found it humorous... clearly, that was the intent.

Hopefully, Judge Ware will require the administrator to expand the affected model list to include those that were affected, but not identified. Does your dv6770se have the same defective NVIDIA components? If so, it might be worth filing a declaration at Declaration Form - FAIR nvidia settlement so there is a record of an affected model that was overlooked.

 

Regardless of the outcome, I want to thank everybody that has contributed
to our efforts. I am amazed at the diversity of the people and the vast amount of knowledge and expertise that has been exhibited here.

 

The fight could be longer than most of us realized.

Court case take time, and appeal by Milberg/Nvidia is possible if Mr. Frank wins.

 

You are so right... I have other things going on with hp in the background
convolution seems to be the order of the day!!

 

I was just told by hp case manager that "they did not notify owners of a warranty extension but did add it to their website"

 

I was looking at the nVidia GPU Litigation site and went to the "Check Model" page - here's what I found at 6:29 PM CST:

Object not found!
The requested URL was not found on this server. If you entered the URL manually please check your spelling and try again.

If you think this is a server error, please contact the webmaster.

Error 404
roscomps3.securesites.net
Mon Mar 21 16:27:30 2011
Apache/2.2.15 (Unix) PHP/5.2.4 with Suhosin-Patch mod_ssl/2.2.15 OpenSSL/1.0.0c

Here's a link to the page: https://roscomps3.securesites.net/www.nvidiasettlement.com/claimform.php

Here's a link to the nVidia GPU Litigation site: http://www.nvidiasettlement.com/

Who's/what's the roscomps3.securesites.net address?

Anybody else notice this? Perhaps an update or revision of some sort?

 

Claim period is over. Maybe they just pulled the page, thinking it no longer served a useful purpose.

 

Here it is: http://www.nvidiasettlement.com/pdfs/NVF_NOT.pdf

they change it from all tx tablets now they've added product identification numbers so now all tx's tablets aren't included.

 

The one you linked to appears to be the original one, it's dated in October of 2010.

 

Wow,,,,, they must be all caught up. I just submitted my claim on the 11th, and I received my approval letter today. I'm impressed,,,,,,,,, well, I have to be truthful,,,, I think they want to rush through these so they can tell the judge how many people have approved the replacements..... Mine isn't going anywhere until I get a comparable replacement.

 

There has been a lot of talk about NVIDIA & Milberg’s repeated use of the phrase “will be of similar kind OR value as their…” instead of “…will be of similar kind and value as their…” I am so happy there are so many diligent people out there catching these ‘slight-of-hands.’ Also, I am so grateful that such a talented lawyer, Ted Frank, even cares enough to take up this cause pro-bono and push for class-wide relief!

Just a side note though: Even if the original wording of the Notice and Settlement had said “similar kind OR value,” I honestly believe that both replacement models currently being offered are NEITHER similar in kind OR value!… JMO. I mean, “kind”— that’s pretty obvious. As far as “value”— not sure what valuation method NVIDIA/Milberg/Rosenthal employed, but, if my loaded $1,500 tx1220us was not dead due to a manufacturing defect, it would be worth FAR MORE than either replacement, new or used!

 

Also, after reading Mr. Frank’s Supplemental Declaration recently posted on CFCAF, I found it very interesting that Milberg’s expert, Nader Bagherzadeh, is, in a way, on NVIDIA’s payroll.

Document 364, lines 18 – 21:

“4. According to a webpage at the California Institute for Telecommunications and Information Technology, NVIDIA is a “sponsor” of a project where Nader Bagherzadeh is one of four co-PIs. A true and correct copy of that webpage, as accessed March 6, 2011, is attached as Exhibit 2.”

GREAT FIND!!! Milberg is CLASS COUNSEL, and supposed to have been approaching NVIDIA in an adversarial manner!

Here are a few excerpts from Westerman’s Declaration (Document 358.1):

Page 1, lines 19 – 26; Page 2, lines 1 – 2

“5. After NVIDIA told me this was their proposal and they had confirmed the
logistics of providing these models on a class wide basis in sufficient numbers to honor claims, I told them that we were going to have the models reviewed by an independent expert of our choosing. NVIDIA’s counsel expressed their belief that this was not necessary, and they were concerned that it might delay administration of the settlement. I told them that this was my decision and I retained an independent expert at our own cost, Professor Nader Bagherzadeh, Ph.D. whose curriculum vitae and reports are being filed with his declaration. NVIDIA did not have any role in his selection and I did not even disclose his identity to NVIDIA, until later in the review process. We provided him with most, if not all of the complaints about the replacement selections that we received as of that time, and a copy of the Settlement Agreement.”

Page 2, lines 15 – 21

“We conducted numerous discussions over time on this issue, including a conference call with each side’s respective experts and some NVIDIA executives, who tried to convince me and Professor Bagherzadeh that it was not necessary to offer the CQ-56 as a tablet replacement option because they felt the ASUS was more than sufficient. These discussions were adversarial and there were instances when I thought we were at an impasse and timely administration of the settlement under the Court-approved deadlines was in danger.”



Page 2, lines 26 – 27; Page 3, lines 1 – 2

“We are not being collusive with defendant NVIDIA or its counsel. We retained an independent expert, gave him free reign and took his advice, even in the face of resistance by NVIDIA to follow his report. We are paying our expert out of pocket”.

Call me crazy, but, personally, I would have preferred it if class counsel (MY attorney) had chosen an “independent expert” that WASN’T being sponsored by NVIDIA…

 

@Wolfman-Irag - not for me... The main page works, but here's the message I get when I try to go the that particular page.

Has anyone called the "settlement hotline" to ask why yet?

 

I don't know if this was ever posted, so here:

Sony VAIO notebooks now suffering the same GPU fate as machines form Apple, HP, and Dell

NVIDIA is the second largest GPU maker in the world behind Intel. Intel leads the market because its GPUs are inside the vast majority of notebook and desktop computers with integrated graphics processors.

When notebooks offer discrete GPUs, things swing in favor of NVIDIA with its line of discrete notebook GPUs. In 2008, NVIDIA's GPUs were very popular additions to many different brands of notebook computers from Apple, HP, and Sony among others. NVIDIA ran into a bit of a problem when some of its GPUs started to fail at excessively high rates.

Apple, Dell, and HP all had GPUs that were defective, forcing wide scale replacements of parts. Sony has now added its name to the list of computer makers with defective NVIDIA GPUs in its notebooks. According to Sony, the defective GPUs may cause affected laptops to overheat and ultimately fail.

Symptoms of the GPU failure issue are distorted video, duplicate images, and blank screens. The GPU issue only applies to VAIO notebooks with NVIDIA GPUs in the VGN-AR1xx, VGN-AR2xx, VGN-AR3xx, VGN-FZ1xx, VGN-FZ2xx, VGN-FZ3xx, VGN-FZ4xx, VGC-LT1xx, and VGC-LT2xx models.

Sony will repair any laptop that is suffering from video issues relating to the GPU at no cost for parts or labor. The company is also extending the standard 12-month warranty on the notebooks to 36 months. The GPU failure is being cause by faulty material and thermal design in some laptops. PCWorld reports that NVIDIA took an additional $119.1 million charge during Q2 to help cover the costs of replacing the faulty GPUs.

Sony reports that it will not issue refunds on faulty VAIO notebooks. VAIO owners can get more information about repairs of the GPU issues on the Sony support page. Sony eSupport - Electronics - News & Alerts


Previously Dell, HP, and Apple all offered a BIOS fix or free replacements for their line of notebooks that were affected with faulty GPUs.

DailyTech - Sony Offers Free Repair for Notebooks with Defective NVIDIA GPUs

 

I just added a poll to this thread so we can get a pulse on what the opinions are of everyone that has a valid claim. I previewed the poll before creating it and it displayed the full question in the preview mode. However, now that it has posted, the text is truncated. There is no option to edit the poll now, so I cannot shorten the question.

It was supposed to read: Is the CQ-56 or Asus EEE Netbook a replacement "of like or similar kind and value" when compared to your defective computer?

Please do not vote if you are not a class member in the NVIDIA Settlement as a HP/Compaq owner that should be receiving a computer of like or similar kind and value" and have a pending claim.


I also updated the first post on this thread with this information.

 

I filed my claim on March 7th and still haven't received anything. I saw above post that filed on the 11th and they received their approval today so it makes me wonder why mine is taking so long. I had the original receipt from Best Buy so I don't see why there would be an issue. One more week and we will find out what the Judge thinks about what Milberg and nvidia where trying to pull.