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

Don't worry, Goldee25. It seems they are not processing claims in the order received. It took 6 weeks to receive my acknowledgment letter and I saw posts from several members of this forum that filed a week or two after me and got their acknowledgment letter a week or two sooner.

Their manner of doing things seems to be helter-skelter, but we shouldn't have our surprised looks on our faces about that... they're just remaining true to form with the other aspects of the settlement administration and deserve a gold star for being consistent throughout the process. :laugh:

 

securesites.net was always used from the beginning. I think it was used to provide https (encryption) service.

Since Rosenthal is part of Computershare, I was very surprised to see that they decided to use the ugly URL method instead of buying their own SSL.

 

Yes my dv6770se has the nVidia Graphics card!
Purchased in Feb 2008. I know it's 3 yrs old, but I have taken very good care of it, and it still looks brand new other than 2 small wear marks on the very front edge where arms sometime rest. I have a pelican 1495CC1 hard case that it is transported in. So it has never gotten wet, dusty, or banged around. I bought the computer right before I left for Afghanistan, and it has always lived in the case when not being used from day one. (very well protected)

http://www.pelican.com/cases_detail.php?Case=1495CC1

Also I filed a declaration the other day when it was re-opened.

 

I'm also hoping that if my computer doesn't get included in this class, that it may be taken care of in this class---> Investigation of HP Pavilion Design Defects

Not sure if this has been posted yet. I'm assuming it has, because a member on here PM'd me the link. I know there are some late comers that have not read through all the pages so I figure it's good to repost it for everyone.

 

I think the focus is ENFORCING the settlement term, not to CHANGE it.

Besides, if your unit is not included in the settlement, you are free to file claims in whatever venue you wish to pursue it in.

In addition, filing a claim with your local small claims court is NOT THAT HARD. I think some people have previously said that folks are getting cash settlement of 70% of purchase price from HP.

 

How are you extrapolating a suggestion that the settlement terms be changed rather than enforced from the expression of hope that the affect model list is expanded to include models that were not identified as having the defect, but actually do??

 

I posted another topic at FAIRnvidiasettlement.com:

It was stated in various court filings that NVIDIA has set aside a $490 million+ reserve for the GPU litigation. Since NVIDIA is not Intel, I think most people can agree that this HALF-BILLION dollar pot is rather a significant sum of money for NVIDIA.

Would it reasonable to assume that IF YOU OWNED NVIDIA, you would have spent a large chunk of money to protect this HALF-BILLION dollars?

Click here for the complete story. I need you to visit and leave your comments to ensure that this site ranks high to remain visible.

 

I am not sure if I understand your question in its entirety so I am going to re-state my personal opinion.

1. If your model was not included, the only legitimate method would have been to contact all involved parties to get it changed before the approval of the settlement; Based on some emails I received, some TX owners did just that to get their models added to the list;

2. To request to materially change the settlement terms (by adding models) would surely give a good reason to NVIDIA to appeal and bust up the settlement

3. It is my personal understanding that we are asking the court to ENFORCE the approved settlement terms using "similar in kind AND value" that were used almost EXCLUSIVELY throughout the litigation process. That the court should REJECT NVIDIA/Milberg's ridiculous claims that "similar in kind OR value" which appeared JUST ONE TIME (EVER) is the language that should be used.

#3 would not provide NVIDIA with any reason to appeal because we are not asking to change the settlement terms, but rather keep it the way it is and enforce the settlement terms.

Hope this makes sense

 

Perhaps my lack of intimate knowledge specific to this case prompted your response.

I thought, by intent, the settlement agreement would technically apply to all affected HP dv and tx models equipped with a defective NVIDIA MCP and exhibiting symptoms to provide a "replacement computer similar in kind and value". My error would be in the assumption that the affected model list was merely an aid established to help the settlement administrator and NVIDIA identify the computers affected and to help HP owners determine if they are a class member.

If the settlement agreement only applies to a strictly defined and exclusive segment of the affected HP dv and tx models and denies a remedy for owners of dv and tx models with the same defective chipset that were affected but did not make the short list, then I digress and apologize for clouding the water. I also want to enforce, not change the settlement terms.

 

This makes perfect sense to me. For all those whose models aren't listed in the settlement, take a look at the cached pages for hplies.com (search "hplies small claims" and click cached, unless someone knows where this info is stored now?). They give step-by-step instructions on how to take hp to small claims court. Honestly, at this point I'm wishing I would have opted-out and taken that route myself! I think most people have won a cash settlement from hp without ever going to court.

I was just thinking about how much the Milberg lawyers got paid. If 30,000 class members have made claims (info from the Center for Class Action Fairness site), that means that Milberg is getting $433.33 for every class member that has filed a claim (13,000,000/ 30,000). This is not a trivial amount (in fact, it is more than the cost of the CQ56)! Does anyone think it would make sense to file a complaint to the Bar Association of CA?

 

$13 million dollars was for ALL law firms involved in this litigation.

Milberg LLP took a portion from the $13M money pot.

Complaining to Cali Bar Association would be a futile exercise since it is a self-administered organization with no external oversight.

 

Signed up for the class action early on and didn't hear anything back.... Received a return box from Dell today.

 

Which other law firms would this apply to? This is the only information I could find in the court documents:

"NVIDIA agreed to pay attorneys’ fees and litigation expenses in the amount of $13 million. Plaintiffs also, as stated in the Class Notice, apply to reimburse certain named Plaintiffs for their time and expenses and in recognition of their services to the Settlement Class, in an amount not to exceed $ 50,000 in the aggregate - this amount will be deducted from the $13 million. The Parties negotiated these provisions after reaching agreement in principle on the
other non-fee terms of the Settlement benefitting the Class members. As detailed in the Fee Brief, these fees fall within the range of reasonable fees.... and are a fraction of the overall value of the Settlement."

 

grab a cup of coffee, the list is rather long

 

Sorry, misunderstood..Your correct..

 

INTERESTING !

 

Goldee.
Call their 1.877.440.7557 number When you hear the recording, enter "0" to talk to someone, then ask for the status of your claim. They will look it up and tell you.

 

The BEST thing about Sony is, if you NOTICED, It didn't take a class action lawsuit to get the problem under control. Sony sent a technician to my house to replace the fan of my wife's Vaio VGN model FREE and it has been OUT of Warranty for more than a year. They also extended the Warranty on it for THREE years like the NVIDIA GPU. Let's hear anything about (HP) doing something like this. Also if Sony can replace the NVIDIA chip,Why can't "HP" ? I would rather KEEP my two TX's than to be forced to take the Asus EEE for a replacement that I can't use or DON'T want, just so I can go buy an optical drive to carry in my hip pocket

 

Neat.

If we do win this, and Mr. Frank does get you reimbursed for your time, I hope it's at the rate that our failing counsel is getting -- $750/hr for Mr. Westerman, or on the low end, $425/hr for their "Investigators".

 

Very impressive Sony is .. I have all Sony audio-video products, paid a bit more for them but am 100% satisfied with them, the old saying 'you get what you pay for' .. I must have had a major brain fart when I choose HP for my first laptop, in fact I now know I did...live and learn, and my saying is
"bang me once, shame on you, bang me twice, shame on me' They won't get me twice.

 

Appears this case against HP was dismissed, ammended, then dismissed again. Currently under appeal.

Don't think I'd be hitching my wagon to this meteorite.

 

submitted my claim jan 11, got my letter mar 22

 

Although I appreciate the sentiment, I must say I am uncomfortable how this topic seems to come up here and there.

Why? Because someone just might get turned off by it and not offer his or help in our collective effort. Just think if "Robert" (he submitted the online declaration) didn't refer Dr. Zilles, where would we be today?

So, in the spirit of being 100% transparent, let's clear up the air one last time and not discuss it any longer until after March 28th:

1. I NEVER asked anyone that I should be compensated when I started FAIRnvidiasettlement.com;

2. I NEVER asked or suggested to Ted Frank that I should be compensated in any way;

3. I NEVER had any expectations of compensation from the beginning, during and at the end, when I started FAIRnvidiasettlement.com.

4. I NEVER generated any revenue from any ads or affiliate links

My only expectation was to get my HP dv2410us replaced with something that was "similar in kind and value" along with other HP class members.

Yes, I did sink in few hundred dollars to create the website and run online declarations; Yes, I did spend a great deal of time, mostly driven by anger and disbelief. Yes, I did do lots of "leg work". But all of this doesn't matter if don't win.

Now if we win the case and Ted Frank is able to get whatever money for my time, will I decline it? Considering how NVIDIA and Milberg tried to screw me and everyone else, I would have to be a complete moron to decline it, especially if it comes out of their pockets.

But discussing this topic is not only premature, it CLOUDS and DISTRACTS the issue on hand and that is:

“The Parties recognize that the HP models included as Class Computers incorporate motherboards or other components, apart from the NVIDIA GPU or MCP, that are no longer readily available in sufficient quantities for use as replacement parts.

Therefore, a replacement computer of like or similar kind and equal or similar value will be provided to the consumer at NVIDIA’s expense.

The Parties will meet and confer in good faith and agree on a suitable replacement of like or similar kind or equal or similar value”. ​

The key words are "will be provided" and "like or similar kind and equal or similar value". Not what revisionists from NVIDIA and Milberg are saying today.

I apologize if I offended you but my only intention was to clear up any mistrust and clarify my position.

If anyone has any personal contacts with the media, send me an email with their names to: n v i d i a 4 1 1 (at) gmail (dot) com. Time is running out

 

jtfrommer:

 

I just found this forum and I went to the nvidiasettlement site and they are not accepting any more new claims as of 03/14/2011. When I called HP Support in November 2010 because of this problem of the black screen and cap\num locks blinking, they did not mention this class action for replacing my laptop!!!! If this was a known issue with these laptops I feel that they should have referred me to the ongoing class action with these laptops instead of asking me to send my laptop in for repairs or buying a new one. As a result of this misinformation, I missed the deadline to file a claim!!!!! How can a file a claim to have this faulty laptop replaced???? I have the TX1025-DX. Thanks for any help.

 

I know their list is no longer up, but I have the Feb 2011 version here

If your model and product number is on that list, your only hope is that Judge Ware will extend the claim period.

If your model and product number is NOT on that list, you are free to pursue matters in any small claims court of your jurisdiction

 

Ant2k11,

Here is a link that shows how to file a claim against HP in small claims court "http://wokingham.webhosting.uk.com/~hplies/viewtopic.php?f=2&t=775&sid=ef873d300a568c80fdbf614a78b210bb"

But stick around here until the hearing on March 28th, to see what happens, they might (small chance) extend the filing date.

Hope this helps..

 

All of the TX1xxx's are on the list. If I were you, I would call Milberg or e-mail [email protected] to see what they tell you to do. Unless Judge Ware extends the claims period you really don't have many options at this point- doesn't seem fair when you never even knew about the settlement. I agree that HP should have told you about this issue. They mentioned this to me when I called in January, but I can't remember if I mentioned it first or if they did.

EDIT: All tx1xxx's purchased Mar 2007 through May 2008

 

A very early event in a class action suit is when the judge certifies a class. That determines who the plaintiffs are. I suspect this was taken care of years ago for this particular lawsuit.
Either you are in that class or you are not.

Perhaps somebody else can point you to an all-inclusive list of what qualifies you to be in the plaintiff class.

 

You have done us all a great 'service' and I personally Thank You, and all the other people that have been a Positive, and I also Thank Them, and
you all know who you are.

I believe that you should be compensated for the money and time you have donated to the "Cause" and of course it is up to you is it was offered. I understand if you decline, I have been in your place several times, and just
declined, like you I didn't start the mission for money.

AGAIN, THANKS !

 

Does anyone know why the settlement is just for "tx1xxx's purchased Mar 2007 through May 2008" ? I purchased mine in May 2009 and the black screen \ blinking lights happened in Nov 2010 without warning. Is there another lawsuit on laptops purchased later because this is obviously still happening to customers. IMHO, the dates should be when these laptops were manufactured and not when they were purchased

 

Truer words were never spoken concerning the status quo. Your modesty is also exemplary. +1 rep

Agree, it should be, but as things currently stand it is based upon purchase date. The fairest and most objective way for qualifying all affected HP owners as class members would be based entirely upon the presence of the defective hardware and the resultant symptoms, irregardless of the manufacture date or purchase date. Garbage is garbage, no matter when it was made or sold.

 

As a Dell owner, you are very fortunate to get to keep what you purchased and not get downgraded to an inferior product like an HP owner. My assumption is that you will be upgraded to a new, faster and more powerful 9800 series GPU that is not defective. This would be consistent with what Dell has been doing for many in-warranty XPS M1730 owners with defective NVIDIA modules. Please come back and let us know how the repair turned out and what type of hardware was installed.

That's pretty much what I was thinking.

Wow! Now, there's a sense of urgency! We filed at the same time and it took several weeks longer for them to address your claim. They really should be handling this on a first-in-first-out basis. So far, nothing we have seen out of this motley crew has made a lick of sense.

 

I finally got my approval letter with Fedex packing instructions, but now I'm not sure what to do. Is everyone else here holding off on sending their laptops until we find out whether we're getting better computers?

 

Since it is only a week away I would wait to see what the Judge says on the 28th. I have a good feeling we will get justice. No thanks to Milberg who was paid to protect our rights.

 

I'd like to know WHO was in charge of mailing out the first notices because it sure WASN'T Milberg. They only spent $700 + dollars on postage. It seems there were a lot more people than myself that didn't get one. RIGHTS ?? We gave up OUR rights when we didn't get OUR notice so we could OPT-OUT of this mess and be able to file a small claim against "HP". I think those of us that didn't get a notice should have a claim against the people sending out notices.

 

Rosenthal & Co (now part of Computershare) is the Settlement Administrator. It is questionable whether or not they report to NVIDIA and/or Milberg LLP.

According to Katie Horton's Declaration (she is the project manager from Rosenthal), on 9/28-9/30, Rosenthal mailed out 3.14M+ post cards and also sent 1.97M+ emails to Apple, Dell and HP Class members.

For reference, click here, (page 4 of 65, lines 1-5)

I don't think "I-never-got-the-postcard-so-I-am-excluded" argument will work.

However, "I-never-got-the-post-card-so-the-claim-period-needs-to-be-extended" might just work

 

That document states those noticescl were mailed in September of last year. I was not aware there was a class action until until one week before the hearing in December.

-- Therefore I never received a notice from this firm in regards to the class action.
-- I never received a notice from HP notifying me of an extended warranty period because of the problems associated with this laptop as well.

I was told there was still negotiations were still in place by Milberg when I filed my claim. That is why I filed my claim, in good faith.
I am unhappy with the current settlement, do not believe their actions are in good faith.
The hearing is on Monday.
I should have the right to take Milberg and HP to court.

 

An interesting quote from one of the court docs posted on the nvidiasettlment.com site:

"The requested fee amount [$13 million] would result in a 1.24 multiplier based on the approximately $10.1 million in lodestar time over the past two years. Based on the significant complexity, hard-fought nature of the litigation, and the scope of the defect at issue, such a low multiplier is more than reasonable to compensate Plaintiffs’ Counsel for such an exceptional result for the Settlement Class. Further, the requested fee is far less than 25% of the repair and replacement value achieved for the Settlement Class. This is well within the standard range of percentage fees approved by federal courts in this Circuit and nationwide." (emphasis added).

So if we say that the $13 million in attorney fees is less than 25% of the value of the repair and replacement value achieved... that means that the repair and replacement value must be at least over $52,000,000. So let's see... $52,000,000 divided by 40,000 claims received (I'm being nice on the off-chance that thousands of people filed in the last week of filing) = $1,300. So I guess this means we're all getting replacements, repairs, or reimbursements valued at $1,300! I guess someone should tell Best Buy to raise the price of the CQ56, because it's obviously worth so much more!

 

In regards to notice, I had purchased (5) TX1420us and (1) DV9000 systems that we registered with HP. I didn't get a single notice.

In addition, I have numerous other coworkers who have the tx1420us laptops and nobody else received the notice either. Needless to say, I am curious about number of users HP had registered vs notices sent. Oh, and my address is still the same as it was at purchase.... hmmmm.

 

The class action process is a travesty and an embarrassment. Plaintiff recovery is usually less than 30% of what is outlined in any proposed settlement (due of unexpectedly high claims filed ... yeah, right). The only group getting what is outlined in the settlement are the lawyers. Expect nothing and be pleasantly surprised at anything greater than zero. Class Action lawyer fees should be capped at 100 times the highest plaintiff recovery ... THAT would do a lot in cleaning up the system. Good Luck, but I have seen this play out way too many times.

 

I must have been one of the lucky few who did get a notice. I got a notice by e-mail; however, I didn't get anything in the mail and I've been at the same address since purchase.

 

I got a few emails and like 10 postcards concerning the settlement. To my billing address, not my shipping address.

 

$700?!?! That's it?!?!... Just out of curiosity, where did that figure come from? Don't get me wrong, I DONT doubt it. I would just like to read whatever that came from...

 

jtfrommer:
Just my luck, I probably live in one of those hick towns that sent the post cards back as undeliverable. I have had trouble with the SNAIL MAIL before including items wrapped in a plastic bag with a note "Sorry for the equipment malfunction but this was beyond our control".

http://www.nvidiasettlement.com/pdfs/4.PDF

 

Unbelieveable. This is quite amazing. Let´s see if we read the fine print. Uh oh...

 

http://www.nvidiasettlement.com/pdfs/3.PDF
EXHIBIT "A" Page #6 of 73 tells the WHOLE STORY

 

That's why Ted Frank said this in his blog:

"This case is a poster child for why courts should not award attorneys' fees until after the claims period has ended. If we hadn't intervened in this case, no one would have ever disclosed that Milberg exaggerated class recovery twenty- to fifty-fold, and this would be recorded in some empirical study as evidence of attorneys generously restricting themselves to fees of less than 10% of class recovery, rather than 130% of class recovery. "

If Milberg got paid after the claims period ended, I betcha Milberg and everyone else would have hustled, rather than sitting on their $13 million pile of money, looking for the next "deal".

 

You hit the nail on the head, Kevin.