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

But, all we are getting is a replaced/refurbished mother board (in the case of chip on board) with the same nvidia GPU, only difference is now the chip is epoxied to the mother board! Also with an updated bios that causes the fan to run on high whenever playing a movie from a DVD, nice hiss to go along with the audio.

Quite a fix, huh?

I should also note, in my case, the notebook gets hotter now than it ever got pre-fix.

 

Thank u for the info Batman!

And, for what it's worth, I also registered my tx1220us but never received any kind of notice. In fact, I didn't know ANYTHING about the suit until AFTER the deadline to object/opt-out had passed. Further, I NEVER heard one word about HP extending the warranty until about two or three days ago when I read it somewhere in this thread! Someone mentioned something about how HP told them they never sent out notices but just posted it on their website... Well, lot of good that did me since my computer wouldn't boot up at all within a year of purchase!!!! How was I supposed to check their website?!?!

 

Has anyone shipped their laptop? Have you checked the status of your replacement?

I called today to ask about the time frame of when I can expect my new replacement..the woman on the phone told me I should receive it within 8-10 weeks of the date that my malfunctioned laptop was delivered. This is quite a longer time period then what I was told previously, and as it states on the website.

" In light of the volume of claims received, replacement models are being ordered. You should receive your replacement computer 6-10 weeks from when your claim is approved. Please be patient."

I received my approval letter and shipping instructions on 2/28. The laptop arrived as its destination on Friday 3/4. According to what I was told earlier and read on the nvidia settlement site, I should be receiving my replacement sometime between April 1st and the first week of May. If I go by what the woman on the phone told me, I will not receive my replacement before April 20th.

I'm getting impatient only because I was told to expect my replacement sooner..only now to have to expect another month of waiting, and even then, I probably will not receive it within the next month and a half. The settlement admins and the phone agents need to get their info straight!

At this point, there is no reason I should not be given a more similar laptop like my malfunctioned laptop, since the laptop will not be shipped until after the hearing(I know for a fact that it will not take more than 2 weeks to ship a laptop). Obviously, I'm anticipating a good outcome from this hearing and am hopeful that justice will be served while Milberg is ridiculed for a sloppy job.

 

Ted Frank and his experts have done an excellent job of demonstrating that the replacement laptops are not of similar kind, but I feel like there are few potential issues that need to be addressed if the judge doesn't accept their full argument (individualized replacement computers meeting the criteria defined in docket 349):

• NVIDIA made the claim that it would be "impossible" to individualize the settlement for each affected laptop. While it is obviously not impossible to do this, I think it is possible that the Judge would rule that individualized replacements are not practical. Is there a way, without weakening our argument, for us to say: We think individualized replacements are required under the Settlement Agreement; but, if, for some reason you rule that they are not, we could still do better than a two-size fits all solution. This could be done by issuing a coupon for a new computer based on 75% of the original price (25% less due to some components getting cheaper, but with many costs staying constant), or by grouping each kind of computer (e.g. a model for each screen size and a "normal" version and an entertainment/premium version).
• Explain how the percentages (e.g. resolution >= 95%, RAM >= 90%, hard disk space >= 85%, hard disk speed >= 85%, video memory >= 80%) in docket 349 came to be. At first reading, these do seem arbitrary; but, I do see a trend based on end-user importance (resolution > RAM > hd space = hd speed > video memory). All percentages start at less than 100% because the settlement says similar kind.
• Refute experts talk of deprecation - As many people have stated on this forum, the defective laptops began failing within months with most failing in less than 2 years*. Therefore, if the Judge decides that deprecation should be a factor, the laptops should be considered no more than 2 years old.

I am an engineer, not a lawyer, so maybe these arguments are irrelevant or have already been considered or explained. I just don't want the Judge to reject part of our argument, and then make a bad ruling because we didn't bother refuting some facts that were immaterial with our original argument. I don't have a full understanding of the judicial process, so I understand that our response to NVIDIA may have been our last chance to make these sort of arguments.

* I don't have any empirical evidence to back the claim up that most failed within 2 years; but, from the Settlement Agreement, we know that several lawsuits were filed starting in September 2008, and that the earliest affect models were sold in March 2006. Thus, there were enough failed laptops after less than 2.5 years from the time the very first laptop was sold for people to start suing NVIDIA.

 

Well, that doesn't sound great, although potentially better than a downgrade to something inferior to what you had.

What model of Dell notebook do you have?

Did your machine go to Dell for these repairs, to NVIDIA or to another location?

 

@deenabee - they are taking their sweet time, that is for darn sure.

After March 28, if the outcome of Mr. Frank's efforts proves to be successful for all class members, the wait may be much longer than what you are currently expecting. If Milberg's plans to provide a downgraded budget laptop and a netbook come unraveled next week, then they may have to go through a bunch of gyrations to determine what the next steps are. If what they come up with as Plan B is unacceptable, then we might be in for more of a ride with additional legal procedures to compel settlement.

Because of Milberg's incompetence in representing class members and failure to accurately identify a replacement computer of like or similar kind and value from the start, it would not be surprising to me if none of us receive a replacement computers until sometime this summer or even later.

Since the provisions of the settlement does not include cash reimbursements, vouchers or coupons as a viable option, there is not going to be a way for the administrator to swiftly deliver anything to class members in terms of a replacement option.

If what they decide to go with is acceptable but has to be built, then there are some other unknown variables that may prolong the process. Not the least of which is the question of parts and materials availability with the current state of affairs in Japan. The earthquake and tsunami are already causing some supply issues in the automotive industry, and computer technology may very well be among the industries affected.

 

There is a new reply from NVIDIA/Orrick regarding Ted's filing about secret FAQ changes.

Read here

As usual, nothing more than a smoke and mirror fluff to confuse, deflect and ignore the central question:

NVIDIA made exactly 37 changes to its FAQ section from March 14th version to March 15th version.

33 changes were entirely related to the expiration of the claims period.

The other 4 changes were:

# 1 - removal of "HP"
# 2 - changing from "AND" to "OR"
# 3 - removal of "HP"
# 4 - changing from "AND" to "OR"

33 changes specifically pertains to the claim period being expired. No one can question that those changes were intended at minimum for the HP class. Can NVIDIA can honestly stand up and say with a straight face that these changes, #1, 2, 3, 4, were date related?

So why did NVIDIA make these 4 change that "...were not made with any expectation that they would be reviewed by the court"? If not the Class members or the Court, just exactly who were these changes intended for? Google web cache? Martians?

More info on it at my page here

Being an average minded person, I had to read, re-read and break out my dictionary to understand what they were saying.

I presume that was done to give them enough legal maneuvering in case someone lights a fire under their you-know-where.

Come on Attorney Generals, they sent you the same faulty class action notices! Even if it means getting involved post March 28th, please do something about this injustice.

PS. It's interesting that we did not see Milberg's filing in tandem with NVIDIA's filing. Maybe their latest strategy is "less-is-more"?

 

@Mr. Fox: I have no problem waiting if its worth it..but if I'm stuck with the cq56, I'd rather move on with my life and just get it already. I'm just surprised they're taking their time, considering I would be one less person to worry about satisfying if they would just send it

@Batman: It sounds to me that you have a problem with my post--expressing my opinion and sharing my experience. Just ignore my posts if you feel that I have nothing decent to contribute. I'm providing info that SOME members of this forum might actually value.

 

jt she already mailed it in.


"I received my approval letter and shipping instructions on 2/28. The laptop arrived as its destination on Friday 3/4."

 

Thanks. I should have made it more clear that my last post was intended to folks who did not send in their notebooks/tablets yet.

No worries folks, it will all work out in the end

 

"The website revisions that the Notice seeks to portray as a clandestine effort to mislead the Court was one of a host of contemporaneous updates on a variety of points. Those revisions were part of a routine ongoing process..."

The routine ongoing process of ripping off tens of thousands of HP owners who bought a laptop with a defective NVIDIA GPU by denying them a reasonable replacement.

 

Kevin, I have already sent my notebook as of March 1st(as I mentioned above), because I was told I would receive the replacement within 6-10 weeks. As I have multiple needs for a computer right now, I was satisfied(although I am aware that I deserve something more equivalent) with the cq56, so I sent it hoping to get the replacement by mid-April/early-May. I realize I have waived my rights, as did everyone else who shipped their notebook/tablet. I am mainly frustrated because I would have waited to ship my notebook had I known they would lengthen the wait period for receiving a replacement.

To clarify, I would not be waiting "a few extra days." As I stated a couple of times on this forum,I sent my notebook nearly a month before the hearing date. I have my own reasons for sending my computer off to the admins; whether it be school-related or work-related.

I commend those of you who are waiting, but don't tell me I should have waited as well. Ted has made a very good case for the motion and hopefully it works out, but what's done is done. Had my computer failed months after purchasing, I would be upset too. But I'm content with my decision because my unit did last about 4 years, and I feel that I would have had to replace it soon anyway. Obviously, I am a rare case of having my unit last so long. Many of the members on this forum have stated their units failed soon after the purchase date.


edit: At this point, I do highly encourage waiting to ship your unit, as long as you ship it by the deadline.

 

¨ Sure.. We´ll take out time. Send you computers in. Give up. We´ve Got our money.¨

Nobody will notice.

Shame on you

The reality is that people are relying on these computers. That´s the urgency.

 

"Moreover, as demonstrated in detail in the Responses filed by NVIDIA and Plaintiffs -- and in the expert analyses and declarations that were part of the meet and confer process required by Section 2.6 -- the replacement models satisfy both branches of the false dichotomy anyway."

The statements these lawyers are making are absurd. Can Orrick point me to where in the expert declarations they show that a dual-core 17" entertainment laptop is of similar kind and/or value to a single-core 15.6" budget laptop? IIRC, Bagherzadeh's declaration went something along the lines of, "some of the affected computers have a 17" screen; the V140 is slower for dual-core applications but it can calculate PI faster; you can add accessories to make up for the CQ56's shortcomings; thus the CQ56 is superior in all areas. Q.E.D."

Peddie's declaration doesn't even mention anything about display sizes or accessories. His argument is essentially, "I reviewed the CQ56 and it is better than all of the replacement systems in all ways (no evidence is needed - I'm an expert, remember?). Bagherzadeh also said the CQ56 was better. Plus it has a warranty, while all of the original computers are old and useless."

 

Wow. I just found this gem from the LA Times:

Speaking at the twice-yearly Intel Developers Forum, Intel executives said that by the end of next year the world's largest chip maker would produce mostly "dual-core" chips for computers as diverse as consumer laptops and high-end servers that run corporate networks.

"The implications for the industry are enormous," said Jon Peddie, president of Jon Peddie Research, a multimedia technology consultancy based in Marin County.

"Having one more processor ... makes all the difference in the world," allowing PC users to perform such tasks as recording one television show while watching another, Peddie said. Dual-core chips also would allow users to run two operating systems simultaneously.​

Jon also talks about the "fantastic gains in performance and capability" dual-core processors will provide in an April 2005 column [note that the software changes that he talks about have already occurred with the release of Windows Vista in 2007].

 

Pretty absurd. I have a good feeling about next week. It´s obvious that these, ¨experts¨ are in someones back pocket in some round-about way.

Smoke and mirrors is accurate.

We´re going to have our day in court shortly.

 

We're all hoping for the best and none of us want to be shafted in the manner intended by Milberg and NVIDIA. I think everyone is willing to wait for "a replacement computer of like or similar kind and value" as long as that is what is ultimately delivered.

There are probably a lot of people that can relate to how you feel. If we could accurately predict that the outcome will be no better in the end than what's on the table right now, I think there would be a lot of bitter people resigned to moving on with life. But for the moment, there's hope for a better outcome. If we have some kind of an answer in 5 or 6 days it will be a short wait at this point.

 

This guy does pretty well for contradicting himself.

.... living examples of human weakness

The quote is pretty intelligent.... well.. kinda
oh boy

 

Well this is certainly an interesting read from John Peddie in May 2009.

My big bad HP Pavilion DV9700 notebook died. Actually it didn’t completely die, it just went blind... if the Nvidia GPU has fried itself there’s no external drive either, and no USB display either—I was dead. ... While whining to my friends at HP and AMD about how unfair life was and how my life sucked they decided the only way they were going to get me to shut was to loan me a laptop to use until mine got repaired.​

Well it must be nice to have friend's in high places. Now that I know Mr. Peddie paid extra for a 17" entertainment PC, it completely baffles my mind as to how he could think the CQ56 is anywhere near equivalent.

The summary from the above article states:

The screen is physically large enough (16-inch) but disappointing with regard to the resolution, only 1366 by 768—not even enough to run the Vantage benchmark (requires you to hook up a higher resolution monitor with at least 1024 lines). So, no watching 1080p on the screen...​

Yeah, that would be really "disappointing" to own a laptop that has a resolution of "only 1366 by 768" - the exact resolution that the CQ56 comes with.

So as a dv9xxx owner, Peddie knows the importance of a large, high-resolution display. Peddie also mentions in this article

people are buying more desktop replacement notebooks. They leave them plugged in and they don’t care if they have to carry two or three additional pounds​

So, why did his analysis include battery life (page 6 line 13) and weight (page 7 line 3) - both of which we "don't care" about, yet it left out the fact that the CQ56 has a "disappointing" resolution?

 

@deenzbee

Everyone's situations are unique; if you needed a computer now, you did nothing wrong by sending it in.

I was little bit confused when you said that you wished for a better laptop after sending it in.

I just wanted to clarify to others that when they mail in their notebooks, they are decreasing their chance of getting such enhancement.

 

Great find! Although it is too late for court filings, I will create a separate "tribute" page for Dr. Jon Peedie

 

Yes, I should of pointed out I do beleive all you HP owners are in fact getting screwed based on the current Nvidia/Milberg solution and I do hope that Ted Frank is sucessful.

Dell Latitude D830n, shipped to Dell/Houston. Total time from FedEx pickup to return = 1 week.

 

Are they offering any warranty on the repair of the dells and apples or is this just a one time fix?

 

Partially Off Topic - Reliability of repairs made to affected laptops

Hello, I am a member of this class (HP model dv6409wm) but am perhaps in a unique position, as my laptop is still under a third-party extended warranty (purchased at the same time as the laptop through walmart). The extended warranty has a clause stating that if the same problem occurs 3 times and requires the same repair all 3 times, the computer would be deemed a "lemon", and would be replaced "with a product with comparable performance, not to exceed the original purchase price" upon the 4th identical failure.

So far, my laptop has only failed twice (blank screen when powered on, keyboard backlights still functioned), requiring the same repair. The current repair seems to be holding up - for now. However, I am attempting to formulate a letter to the warranty provider to show that the repairs that were performed (solder reflow under the GPU) are unreliable and do not constitute a long-term repair. If my argument is convincing, this may allow for my laptop to be deemed a "lemon" by the warranty provider, although it hasn't failed the requisite 4 times.

My question to the forum is this: Are there any forum members that could provide me with links to articles or websites that would support my argument of my laptop "not really being fixed properly" or perhaps stating "there are no viable, long-lasting repair solutions"?

If all the warranty company can do is instruct the repair shop to provide a "better" repair = i.e., replace the motherboard... is this even viable? The wording of the lawsuit states that replacement motherboards are not "readily available"? Does this mean that replacement motherboards are available without the defective GPU for the dv6xxx series laptops, but in insufficient quantities? Or is there just no way to repair the laptop "reliably" at all? Any links that answer this question would also be appreciated.

Thank you for taking the time to read this request. Of course, if the ruling on March 28th is in our favor, and we receive a laptop/tablet of "like kind AND value" from the settlement in exchange for our class computers, my appeal to the provider of my warranty may not be necessary, but I would like to have a backup plan in place.

 

My own feelings, we are going to get something better....offering us those two low end 'things' will bite them all...Let's all hope

 

I would assume a one time fix. There was only a single piece of paper noting what was repaired and how the notebook was '...extensively tested by certified technicians.....' . There is no mention of warranty other than "if for any reason, the portable does not operate...".

 

A LITTLE BIT OFF YOUR POST, BUT...

There is a big difference between Walmart and the two companies that we are dealing with, Walmart cares about customer satisfaction and keeping the customer coming back to spend their money there. I bought my daughter a water proof to 30ft camera, it quit and so mailed it into
the ext-warranty-Walmart people which made it work fantastic for 1week, then the battery went up in smoke, took it back to Walmart and upn my demands they replaced it with a NEW of equal or better camera on the spot. That's the way HP (that's who directly got my $$$) should have done....stupid buisness practice they used in my opinion, but it's there
right to run-off customers.
......................................................................................

 

I am so annoyed. I literally sent in my laptop the day before discovering this web site. It is beyond comprehension how deceptive and just downright incompetent attorneys from both sides have been.

I really hope I did not throw away my chance at a better replacement, though I did not sacrifice as much as many of you, I spent under $700 originally, but did have a 17" display.

Cheers to all those of you who worked hard for a better settlement. Hope you get it, regardless of whether I am involved.

 

As crappy as the system is, the BEST you can ever expect "is making a person whole" ... nothing more... unless you are a class action lawyer, that is...

 

In response to some recent posts about notifications, I never received any snail mail notices regarding the lawsuit. And, if I hadn't been diligently checking my spam folder, would have never received the email notice which delivered to my junk folder on 9/29/2010.

Thank you to everyone who is working diligently on this case. I already replaced my DV9000 with an ASUS last July, when the 9000 screen stopped turning on, so I'm not in the huge rush for replacement. The one thing I am glad about was that I didn't throw the 9000 away. I was going to take it to the recycling place here when they had their next free electronics recycle day. I wonder how many class members are in that boat? Their machine failed, so they replaced it and dumped the old one...

 

It is just ridiculous that Mr. Peddie is now arguing that a single core processor is equal to a dual core. I'm not sure how the March 28th hearing will work and whether or not new evidence can be brought forth; however, I think this information is relevant to the case against the CQ56 and Asus as fair replacements.

While I wish you luck with this, I kind of doubt that they will replace your computer after only 2 repairs. I was in a similar situation (third-party warranty) until the end of last month. I tried to get my computer replaced or at least to get the motherboard replaced again before the end of warranty. They said it tested fine (although they replaced the hard drive and I have no idea why) and the gpu was working. However, it still overheats and that is exactly what they said the last time right before it completely failed. I could not convince them that the replaced chipset was starting to fail again and that it would fail over and over again. Basically they told me that they couldn't do much because this gpu was never recalled. HP and NVIDIA screwed us at every turn, starting with not issuing a recall for a defective product.

 

Deenabee, I recieved my letter in early February, I mailed the laptop on Feb. 8th. I will probably not get anything better than the CQ-56. I got tired of waiting and bought another laptop. I'll either sell the CQ-56 or give it to my wife. The new laptop was not an HP, and it DOES NOT have an Nvidia chip.

 

Taken in context, I think what jbrinda1 meant was a replacement better than the CQ56, not better than the original. But yeah, the lawyers are making out pretty good on this one...

 

"The website revisions that the Notice seeks to portray as a clandestine effort to mislead the Court was one of a host of contemporaneous updates on a variety of points."

As was made clear on the fairnvidiasettlement.com website, all of the changes made sense except the change to similar kind "or" value. I think in a situation like this, it is helpful to look at what the parties did that they didn't have to do. I think it can easily be argued that not editing a website (leaving it as is) is easier than editing one. Obviously they had to do updates for most of the corrections they made, because otherwise the website would be out of date. However, if, as NVIDIA claims, the "and"/"or" language is arbitrary, why did they take the time to change it FOUR times?

 

Seems NVIDIA is on the cheap for shipping our HPs to them. They want us to use packaging that FedEx, an expert at shipping and packaging, says will not protect our Laptops. Maybe it is because NVIVIA put in that little disclosure about any damage during shipping is our responsibility and they are hopping some get destroyed so they will not have to replace them.

I had to ship my eMachines m5410 to get the GPU replaced in a class action a while back. eMachines sent us nice laptop boxes to send our PCs back in.

Here is a capture from a FedEx pamphlet of how not to ship your laptop.

 

This is becoming comical. I just thought I would call to get a status on my claim. I sent in my laptop on Feb. 8th. I called on Feb. 22 to get a status, they told me that it would take 4 to 6 weeks. I called today (March 24th), the rep. told me that he was told to say it will take 8 to 10 weeks.
This is unbelievable! That CQ-56 is going to be 3 months older! haha. What about the depreciation on the CQ-56???

 

apparently depending on where you ship your laptop the fedex box may be free or you have to pay for it. $2.00 for me.

 

I'm guessing that they aren't sending anything out until after the hearing- which is really a shame for you guys that knew it was a bad deal but just wanted something now. However, if they really are waiting until after the hearing to ship replacements, I take this as a good sign that Milberg/NVIDIA/settlement admin are scared the judge will rule in favor of sending out fair replacements to all class members. But again, I do feel bad for all class members who send their laptop in weeks ago.

 

I would send this bill/receipt to Milberg, c/o Jeff Westerman.

 

seriously what's his address? i still have the receipt for the 2.00 plus tax...


btw, did anyone receive their replacement laptop yet?

 

I also would have sent my tx1000 in about the same time also, but I found this site, don't remember exactly where or how, but I am sure glad I did. .and I will wait for as long as it takes to shake-out. I deeply appreciate the person or persons that started this site and everyone that has the same goal as me, attempt to get a fair settlement. So now we wait, only time will tell, one thing for sure, nothing with this deal will happen quickly.

 

I have a TX 1025DX that I purchased in May 2009. I looked up the specs and it has a ATI video, but the laptop is experiencing same symptoms as others with the black screen and blinking lights all of a sudden after 1.5 years of using it. Is this truly a problem with Nvidia chips only or the laptop itself???

 

its an NVIDIA problem that shows up worse on HP's due to their poor designs

 

Hey, maybe we should rent laptops until we recieve the replacements, then send Milberg the rental bill

 

Does anyone know of anything being done about these same tablet laptops that don't have the Nvidia chips? To me, sounds like a problem that HP needs to address.

 

HP isnt going to address it, they'll just work around it, hold things off until the warranty is over. Best thing to do is spread the word out and never buy an HP product again and tell others to do the same

 

I guess I'm SOL then. Seems unfair to buy a laptop that you expect to use for at least 3 years and it only lasts half through no fault of your own! Easier to accept if I was the only one having this problem but, seems like this is widespread, nvidia chips or not, everyone is having the same problems. I'm passing the word along.

 

You got that right. I am currently in a market to replace my aging nc8430 business notebook and I was planning on spending around $1700 for a new HP workstation notebook, but after this, forget it.

Any notebook containing NVIDIA gpu will also be out (I almost pulled a trigger on Dell XPS notebook but it only came with NVIDIA).

I'm sure this means nothing to them but if we all spread the word, we will at least have our personal satisfaction.