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

    Discussion in 'HP' started by Mr. Fox, Dec 19, 2010.

  1. I didn't do it

    I didn't do it Notebook Guru

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    THE BEAT GOES LIKE THIS >>>> FOLLOW THE MONEY TRAIL ..
    BOTTOM-LINE, IT'S ALL ABOUT THE $$$$$$ NOT THE CONSUMER


     
  2. shasta7

    shasta7 Notebook Evangelist

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    Does anyone know if ted will be present Monday or is it just procedural? I think it might be a stupid question but thought I would ask anyway, in case someone knows.
     
  3. Mr. Fox

    Mr. Fox BGA Filth-Hating Elitist

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    So, HP screws us at the cash register by selling us defective products and refusing to take care of it, and then helps NVIDIA and Milberg do it again to class members by offering inferior replacements. There's a pattern here, and it's a gloomier picture for HP than NVIDIA, in my opinion. This simply reinforces what many of us are already saying... don't buy anything from HP again. Ever. HP is not a customer-centric company. Instead of being an advocate for their clientele, they have become an adversary.
     
  4. jtfrommer

    jtfrommer Notebook Consultant

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    There are 8 hearings scheduled for the 9-10am time slot which means everyone gets one, 7.5 minute slot :eek:

    ** never mind the above phrase. Latest docket calendar show 10 minutes per side.

    Judge Ware's docket schedule is here

    I believe NVIDIA GPU litigation is up first and Ted will speak before NVIDIA and/or Milberg

    If you are in the San Jose area, I believe you can attend in person; I'm told no cameras, digital records, etc. are allowed inside the federal court, however.
     
  5. Mr. Fox

    Mr. Fox BGA Filth-Hating Elitist

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    Has anyone in direct contact with Ted been advised what to expect as far as a timeline for Judge Ware to render a decision? Same day, next day, next week, or longer?
     
  6. jtfrommer

    jtfrommer Notebook Consultant

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    You should read Ted's involvement in HP Ink Coupon settlement and find the same pattern. HP pays lawyers to go away and HP gets a neat marketing trick for damaged Class to come back and buy some more HP crap.

    This on top of HP not informing people of their extended warranty for NVIDIA problem is just downright wrong.

    HP should be ashamed of themselves.
     
  7. jtfrommer

    jtfrommer Notebook Consultant

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    According to Ted, it will most likely take few weeks for Judge Ware to make his decision but it could be longer or shorter.
     
  8. Mr. Fox

    Mr. Fox BGA Filth-Hating Elitist

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    It would be nice to get the trend of HP's underhanded dealings with customers in this class action and the Ink Coupon settlement highlighted in the media to help call the whole world's attention to what a shady outfit they have become.

    As far as I can tell, about the only useful purpose they are serving right now is acting as a competitive force to help keep prices in check.

    Edit: Kevin - thanks for the response on the timeline.
     
  9. jtfrommer

    jtfrommer Notebook Consultant

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    This video is for Dr. Bagherzadeh, NVIDIA and Milberg.

    Hope they learn something from it.
     
  10. shasta7

    shasta7 Notebook Evangelist

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    Thanks Kevin,
    The docket has changed a lot since I last looked at it. When I Talked to that lawyer doyle we discussed the time limits. He said Judge Ware was very fair with time and would probably let each side go longer should the need arise.
     
  11. Mr. Fox

    Mr. Fox BGA Filth-Hating Elitist

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    Hp = Hopelessly Pathetic
     
  12. shasta7

    shasta7 Notebook Evangelist

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    Our Customer Service Motto:

    We Screw our customers one computer at a time. :p
     
  13. Mr. Fox

    Mr. Fox BGA Filth-Hating Elitist

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    I found this blog and this is exactly what HP did to me when I tried to file claims under an extended warranty. I was an HP hater before this class action, but even more so now.

    Also, check out the anonymous March 11, 2010 7:35 AM post by the dv9000 owner with the NVIDIA defect, just a couple of posts up on the same page as the above quote.

    An extended warranty is only as good as the company that needs to fulfill it. Unlike the person that posted the above, I didn't take no for an answer. But, it was a very ungratifying customer experience and it took several weeks of sending documentation, follow up emails, and badgering before they would acknowledge my warranty.

    While you're there, check out the links on the left side under the heading "More on HP Customer Service".
     
  14. shasta7

    shasta7 Notebook Evangelist

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    If this does not work in our favor I think I found a way out. I filed my first claim in Dec 2008 and was told no warranty no recall and again Jan 2009 and in 2010.

    My claim supersedes the Class Action therefore I should not be bound by it.

    What do you guys think? These are verifiable, documented claims.
     
  15. jtfrommer

    jtfrommer Notebook Consultant

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    Back in 2005, Congress passed the Class Action Fairness Act of 2005.

    One of their findings was to redress "...(C) confusing notices are published that prevent class members from being able to fully understand and effectively exercise their rights."

    And one the purpose of this Act were to "...(1) assure fair and prompt recoveries for class members with legitimate claims..."

    Within the Class Action Fairness Act of 2005, 28 U.S.C. ‘§ 1715 pertains to "Notifications to appropriate Federal and State officials". According to Rosenthal's and Milberg's declarations, these notices were indeed sent out to appropriate state agencies.

    Since all these notices contained "similar in kind AND value", and NVIDIA and Milberg are now arguing that all along, they intended it to be "similar in kind OR value", doen't that establish a reasonable assumption that NVIDIA and/or Milberg intended to DEFRAUD not just the Class members, but also to DEFRAUD state agencies such as consumer affairs divisions which all roll up to the state Attorney General with such filings?

    Am I stretching here? What would it take to get the state attorney generals involved to at least take a look at what is going on?
     
  16. Mr. Fox

    Mr. Fox BGA Filth-Hating Elitist

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    Jeff, I think it has enough merit to warrant talking with an attorney to find out if you're interested in pursuing it.

    Kevin, the AG in my state just blew me off, just as some of the other NBR members experienced. Good help is hard to find no matter where you look.
     
  17. jtfrommer

    jtfrommer Notebook Consultant

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    Yes, I read your update. But that was based on AG's assumption that it was a CIVIL matter.

    Once you start lying to state agencies to financially benefit from it, doesn't that qualify as a financial fraud which in turn becomes a CRIMINAL matter?
     
  18. tedfrank

    tedfrank Notebook Enthusiast

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    I don't have a "most likely" timeline. We could get a decision from the bench on the 28th; the judge could take a few weeks. The fact that Judge Ware granted the motion to put us on the calendar as early as the 28th (in the face of opposition from NVIDIA) rather than make us wait until May 2 for a hearing date suggests that he understands the importance of a quick ruling, and, judging by what everyone is hearing about delays, I would guess that NVIDIA attorneys will claim that the settlement is on hold because of this pending motion and specifically ask for a quick ruling.
     
  19. I didn't do it

    I didn't do it Notebook Guru

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    Here comes the Judge, hope he got a good nights sleep and some of "Sweet-Maria's coffee, and in a good mood.
     
  20. Wolfman-Iraq

    Wolfman-Iraq Notebook Geek

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    I'd say NVIDIA sold Best Buy the replacements computers they tried to pawn off on us!
     
  21. Choppus

    Choppus Notebook Evangelist

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    I may have to use that in the future. (as long as you don't mind)
     
  22. Choppus

    Choppus Notebook Evangelist

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    Now that makes a lot of sense! I think you are right!
     
  23. radioage

    radioage Notebook Consultant

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    I sure hope there's no Nvidia GPU or HP parts in my new DroidX smartphone!

    Anxiously waiting for Judge Ware's decision while playing with my new phone.
     
  24. Mr. Fox

    Mr. Fox BGA Filth-Hating Elitist

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    Feel free... I borrowed it from mrsean over on the HP Pavilion Notebook forum, so it's not a "Mr. Fox original."
     
  25. aw614

    aw614 Notebook Guru

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    some new smartphones have the nvidia tegra, I wonder if the nvidia's gpu on the phone is gonna kill itself :D
     
  26. kscottbrown

    kscottbrown Notebook Geek

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    Found some specs for a dual core Asus T101MT though they do not call it the EU-37. Seems NVIDIA is getting a cheaper one.

    Asus T101MT-BLK097M

    This one has 2GB ram and a 320GB HD and Bluetooth. I think at this point NVIDIA just wants to make sure we know they are calling all the shots and we will get what they give us.

    Edit: And Windows 7 Home Premium!

    Crossing my fingers and hoping for the best on Monday. :)
     
  27. kscottbrown

    kscottbrown Notebook Geek

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  28. doogieMD

    doogieMD Notebook Geek

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    I don´t understand the fascination with these Asus Netbooks. That add on the HP website said it all..

    Which one was that?
    ... I´ll find it
     
  29. doogieMD

    doogieMD Notebook Geek

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    .. Here it is.. Milberg
    .. and the ¨netbook¨ I didn´t mean to say tablet pc.

     
  30. doogieMD

    doogieMD Notebook Geek

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    I still believe the appropriate way to handle this is provide a refund.

    That would be the honest way to handle this.

    Very simple
    -- For the lies and misrepresentation:
    -- The time we´ve been waiting for all of this.
    -- The time on the phone
    -- The hassle of trying to receive what we deserve in the first place by making a purchase.

    Milberg does not deserve to be compensated the way it has.
    -- For the inflated costs
    -- For the deflated settlement

    Unreal.. Wake up .. It´s not a dream
     
  31. tedfrank

    tedfrank Notebook Enthusiast

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    That's not on the table. If you wanted a refund, you should have objected at the fairness hearing in December or opted out and sued in small-claims court. All you can get now is what the court ordered, and it's always going to be cheaper for NVIDIA to offer replacements rather than refunds.
     
  32. attmci

    attmci Notebook Enthusiast

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    We need to read this again.
     
  33. jtfrommer

    jtfrommer Notebook Consultant

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    dv9000owner has been awesome at exposing the truth about dr. bagherzadeh.

    in reviewing his benchmark data, I think we may have found a concrete evidence that he copied his data from notebookcheck.net

    so what? although he did not explicitly state that he conducted his own tests, he GAVE THE APPEARANCE that he did so.

    based on his "25 years of experience as a researcher, blah blah", I can't fathom how he would conveniently "forget" to cite his source.

    read more about it here

    ps. once you are done reading, kindly leave a comment with any relevant URL. FAIRnvidiasettlement.com is ranked 4th when searching for "nvidia settlement". I need the website to remain in that position for maximum visibility.
     
  34. doogieMD

    doogieMD Notebook Geek

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    hmmm...

    This is really frustrating. I did not know there was a class action case going on. I found out about the class action in December one week before the hearing. It was too late to submit my email etc.. On the original nvdiasettlement site. Milberg has been very evasive and dishonest. I never received anything from HP as well.

    My computer has not been sent in. I am clearly dissatisfied with option left for me by Milberg the class action attorney´s. Is there any way to petition the court describing the situation if a ´FAIR´ settlement offer is not provided.

    I have said this again as I am one of the dv9000 owners left currently left in the dust.

    Thank you for your help Ted. Best of luck tomorrow. You´re a good man.
     
  35. jtfrommer

    jtfrommer Notebook Consultant

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    nvm. found it
     
  36. dfs

    dfs Notebook Enthusiast

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    Ignorance is no excuse - however, if you happen to be Bagherzadeh or Peddie - it would appear that truely, ignorance is bliss.
     
  37. doogieMD

    doogieMD Notebook Geek

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    What did you find?
     
  38. rdsatkaycee

    rdsatkaycee Newbie

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    Sure it is, if you don't know, well then you don't know.
     
  39. jtfrommer

    jtfrommer Notebook Consultant

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    Just some email communication between Westerman and a Class member :)
     
  40. shasta7

    shasta7 Notebook Evangelist

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  41. jtfrommer

    jtfrommer Notebook Consultant

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    Remember, when we win, and if Judge Ware accepts Ted's proposed order, we will have a new claims period of at least 70 days from the date of such order.

    We need to prepare and spread the word like wildfire so that uninformed HP Class members are not left behind.
     
  42. nospoH

    nospoH Notebook Enthusiast

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    Good luck Ted from memphis tn.
     
  43. Choppus

    Choppus Notebook Evangelist

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    Also good luck from NY State. (Not the City) :D

    I'm not even included in the class, (although my computer is having serious problems as yours are) but i really wish Ted and the whole class great luck tomorrow!!!
     
  44. jtfrommer

    jtfrommer Notebook Consultant

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    On a side note, I just received this email about purchasing a Dell workstation.

    Well, guess whose name is in the email? Peddie! Yeah, that really makes me want to buy this one!

    [​IMG]
     
  45. shasta7

    shasta7 Notebook Evangelist

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    Guess this guy will PIMP anything for a DOLLAR
     
  46. GypsyGeek

    GypsyGeek Notebook Enthusiast

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    Jon Peddler Plagiarizer oops! I mean Jon Peddies's endorsement is about as useful as a 3 dollar bill!!!

    Go get'em Ted Frank!!!!!! We are with you all the way today. Show those sleezers how a great attorney operates!

    THANK YOU!
     
  47. shasta7

    shasta7 Notebook Evangelist

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    I bet Ted is Feeling pretty damn Good today!

    I know I am :D
    I just wish this hearing was streamed. I would love to watch some worms squirm.
     
  48. ziklag

    ziklag Notebook Enthusiast

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    Praying for you Ted. Thanks for all of your work and all the others that have helped you and for the rest of us may we hopefully ride your coat-tails in a just and fair verdict. :)
     
  49. Batman1

    Batman1 Notebook Consultant

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    To the one person that voted yes, What comes around, goes around. When you get your P. O. S. for a replacement and the rest of us get a more fair replacement, Don't Whine, because we're fresh out of CHEESE ! :yes:
     
  50. Batman1

    Batman1 Notebook Consultant

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    Ah yes, Then SUE Milberg for the difference in VALUE for "WRONGFUL REPRESENTATION".
     
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