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

Well, I have to admit it does a little bit better than expected. I would attribute that more to the GPU and not so much the CPU. +1 Rep for taking time to support your comments that you can play games on it.

What is not clear on some of these YouTube vids is whether these CQ56 models are the 115DX or a different model with a dual-core proc. On one of the videos there is a comment from a CQ56-115DX owner that suggests the gaming results aren't very good. It will be interesting to see if and when this thing ever shows up at my front door.

This isn't the sort of system a gamer would purchase for gaming, so there doesn't seem to be a lot of information out there on the subject.

Here's a link for Left 4 Dead 2 results, which are not quite a good as the older Left 4 Dead. It appears you can do some low resolution gaming with Modern Warfare 2 as well. It looks like you might be able to get fair results on lower settings. Not completely smooth, but playable it seems. Probably OK if you've never had a powerful system before and use single player mode. I suspect it would not be so good if you try to play over LAN or online due to the visible choppiness in the videos, but that remains to be seen.

These are not the most graphically taxing games out there, but they are fun ones, no doubt. I would like to see whether FarCry, Crysis and Crysis2, and Black Ops can achieve enough FPS to be payable on low settings. That might be a stretch.

 

I took apart a similar, spec'ed V140 equipped Toshiba C655d and put a p320 in it. And I admit, while assembly was straight forward, I accidentally, shorted the lcd connector cable and had to carefully realign the pin so it wouldnt short on boot. But laptop assembly is something I am fairly used to attempting. I just wish most laptops were as easy to take apart like a D600, where removing the keyboard can basically upgrade the cpu after removing fan.

AMD ATHLON II 2 P320 MOBILE CPU 2.1 GHZ AMP320SGR22GM | eBay
If ebay links are ok, thats similar to the price I paid for the CPU and performance wise, its a lot faster and runs a lot cooler than my P4 heatmachine prescott for games like left for dead 2, but anything is faster and more efficient than that thing...

 

The other course I am considering, an alternative to CPU changeout, is to contact Staples corporate (I bought at Staples) in hope they would allow me (in hope they would authorize my local store) to exchange my (unopened) CQ56 for a similar laptop, but one having a dual core. I would pay the difference in price. This would avoid having to disassemble the CQ56, voiding the warranty (assuming it even comes with a warranty, given the circumstances).

 

My suggestion would be that perhaps you should start a new thread...

No disrespect meant.
I have no intention of accepting this laptop still.
I am waiting for the courts to respond to us..

I have no intention voiding another warranty as well.
We are entitled to replacement computers of LIKE AND SIMILAR value.

 

I think we all agree with you 101% that based on the terms of the settlement, we are entitled to a "replacement computer of like or similar kind and value" and the CQ56 and Asus netbook fail miserably in meeting that standard. However, our intent may prove to be irrelevant in the end. If push comes to shove, refusing to accept the CQ56 may mean you get nothing whatsoever unless Judge Ware does something about it. I think most of us feel that receiving nothing whatsoever is not a good option.

No disrespect taken from you sharing your opinion, but I think it makes sense to keep the open collaboration about potential upgrade options on this thread. The subject matter is enlightening and it is also very relevant subject matter if class members find themselves in a situation where no better alternative is going to be available. When life gives us lemons, we need to make lemonaid. By no means does that mean anyone will actually enjoy consuming the lemonaid; but it is useful to be prepared to make the best of a crappy situation. I was never a Boy Scout, but their motto to "Be Prepared" is good advice for any situation.

On another note, here's a link to an article highlighting the incompetence of Asus and HP Support: LINK. If you end up with another HP product in this settlement, be it the CQ56 or something better, remember that you're still going to be dealing with a gigantic company that does not accept responsibility for its blunders and does not typically demonstrate that it cares too much about its customers. On top of that, all big companies employ a fair number of incompetent people. If you need to make a warranty claim, don't give up the fight if they try to blow you off. Most computer OEMs do have an escalation department. You may have to get past the incompetent front-line bozos to reach someone with a position of authority that cares just a smidgen.

 

Spot on.

It's important to remember not all posters here have been victimized by this debacle to the same extent. Those with more expensive laptops are getting their clocks cleaned . . at least so far. I am completely sympathetic to their plight.

But those owning laptops which were/are, dare I say it, 'cheap", are less negatively impacted by receiving only a CQ56 as a replacement. My "cheap" Presario is not all that much better than a CQ56, quite honestly. The screen is a bit better and it's a dual core. That's about it. So with a CQ56 in hand I just could be within striking distance of making myself whole. Might be worth it as opposed to continuing in the existing purgatory.

 

Well Said ..

 

From the change in tone to responses on this thread and the way the number of daily posts has dwindled down, it seems like a lot of our thread contributors have about had just about a gut full of the waiting game.

With no light visible at the end of the tunnel, I think there are probably more than a few that are ready to move on and be done with this joke of a settlement.

Our situation is not an exception to the rule in the case of class actions. The little guys almost always get shafted when a product liability suit turns into a class action. I'm still in the camp that Batman1 and many others are about the wrong company being the defendant and NVIDIA being the scapegoat for HP. They should at least be co-defendants. Where we can still claim a victory, regardless of what Judge Ware eventually decides to do, is by taking a chunk of hide through sharing with other potential HP customers to steer clear of the "Hopelessly Pathetic" products.

 

Just to clarify -- this is completely incorrect.

Windows 7 is designed to be upgraded between versions without requiring a full new license. It's called "Anytime Upgrade". You can purchase the upgrade from Windows 7 Home Basic to Windows 7 Home Premium on Microsoft's site for $79, and you can download the files directly from their site so you don't need an optical drive. I've seen it go on sale as low as $39 from other retailers (though that would be via optical media).

The whole "starter" thing is a sham, I agree, but it's not as bad as you're making it sound, FYI.

 

Well I can't say things are looking up. Mr. Frank just responded to my inquiry over at FairnVidia. I'm afraid he was a bit peeved with me, not at all what I wanted or intended, but he's a pretty straight-from-the-shoulder guy and he answered anyway.

This is my conclusion (only), based on that which I now know:

Apparently Judge Ware and the court are not aware of the July 18 deadline.

Rather than write a lot more blah, blah, blah . . . I'll just leave it at that.

It's an individual decision for each of us anyway.

 

Today's newspaper has the CQ56-115DX listed for $279 at Best Buy.

This week will be week number 12 for me, I sent my DV9420 on Feb 8th

 

I forgot about "Anytime Upgrade". Thanks for bringing that option to the attention of those that did not know about it.

While the in-place upgrade is definitely possible, it still doesn't address the need and desire many people will have for an optical drive no matter how they get the new OS installed. Plus, for $99 versus $79 I would prefer to spend an extra $20 to have a genuine Microsoft installation DVD that can be used to perform a clean install of the OS any time I have the urge to do so. (If you can find it on sale for $39, the optical media becomes even more preferable than the "Anytime Upgrade".) The in-place upgrade also does not give one the option of doing a clean installation. If you do the upgrade on a brand new system, it might be as good as a clean install. Assuming nothing goes wrong during the upgrade process, it should all be pretty straight forward.

If you go that route, you will still need to create a drive image for system restoration. This also will require either a USB HDD or a USB optical drive. If the upgrade has problems, as they sometimes can, you could find yourself up the creek with no paddle with the downloadable upgrade if you're not adequately prepared. To avoid the possibility of a disaster, be sure to create restore discs before starting the upgrade so you can get back the original OS if you need to. You cannot install an upgrade without the original OS installed first, or having the original OS installation media for the upgrade to confirm your eligibility. And, to create the restore discs or create a drive image, you'll need... wait for it... an external drive.

So, my comments are not "completely incorrect" unless you have no plans for a recovery option. I think there's a real danger in making the OS upgrade sound like a simple, foolproof, one and done, point and click project. It certainly can be, and usually is, but it can also head south in a hurry if something goes haywire. No matter how you slice it, it's going to cost the end user money, take time, and require effort to make the Asus netbook fully functional as a tablet if Starter Edition is preloaded. If you kept your HDD from your dead machine and purchase a cheap USB enclosure, you'll be in better shape from a cost perspective than the folks that didn't. You can create a backup image of the original OS and the upgraded OS if the drive has enough space on it.

 

Gary,
Sorry to here that you sent in your 9420! Seems like such a waste to give it up for a toy computer. Anyway I fixed my 9420 and hope it lasts a while until I can afford to buy a new (Non-HP/Nvidia) machine! I am not relying on the Judge getting us anything better and will not send mine in unless the replacement is changed to something that closely meets the same specs as the DV9420. And if the July deadline comes before the ruling then I guess I don't get anything but I have already decided to take a stand and not send it in without a fair replacement.

 

"Screw me once, shame on you! Screw me twice, shame on me! No more HP or Nvidia for me!" My own thinking, in fact that is what I told the HP case
manager when she tried to get me for $400.

 

Hey Radio!! I pulled my dv9xxx out of the closet the other day and it reminded me why I liked the dang thing so much- the screen size/resolution, keys and looks made me miss it even more and made my 15" older Vaio seem paltry in comparison even though it works properly.

My dv9 surprisingly booted right up (at times in the past I would have to turn on and off multiple times for up to 1/2 hour before giving up). I could still use this notebook but the wireless AND regular hardwire internet connections do not work. I bought an external wireless device from Belkin that the comp. recognizes and pulls up networks in range (it does not pull anything up without it nor does it even show a wireless connection to even use) but it constantly tries to connect to a network to no avail. When I try to repair connections wired or wireless, it says the devices are working properly.

Also I think I might have made a mistake by accidentally deleting some internet connection files too (doh!) but I might be wrong. It was a long time ago I messed with it but I think I might have done some noob type efforts trying to get it working again. If you or any one else has any suggestions on getting this working I would greatly appreciate it.

 

I certainly agree that this is a personal choice for sending in the laptop now or waiting to hear back from the courts.
I am happy to say....

.... I am not throwing in the towel just yet. I believe Judge Ware is going to see through this corrupt behavior.

 

hey Blend,
uninstall the software for the usb device and reinstall this should give you functionality to the wireless device

 

I got back the green confirmation card that my resubmission for repair reimbursement arrived in CA April 19th (postmarked several days before the 18th deadline I got). How many folks made submissions for repair reimbursement? I'm interested to see just how much (if any) I'll get back - several repair attempts out of warranty, used motherboard that was reballed (GPU replaced - whatta surprise) - not an insignificant amount shelled out over time. I could buy one of those crappy CQ-56 POS replacement computers with what I spent on repairs and have money left over for a decent dinner...

 

nickmchls, have you heard yet whether they have accepted your claim this time around? Hopefully, they're not going to find another excuse to deny your repair claim again. Please keep us posted... we're routing for you.

It would be nice to know how many repair claims have been filed, but I bet we'll never know.

 

Thank's Shasta I will give it a shot tomorrow hopefully it will work- would love to see it working even if just for an hour or two but fat chance really.

 

Radioage, I have already purchased a Non-HP/Nvidia. I couldn't wait for these incompetant clowns. I had sent mine in prior to finding this forum. I figured that a piece of crap that works was better than a brick. At the time I had no ambition to fight them.

 

Center for Class Action Fairness, LLC: Court rules for NVIDIA

 

http://www.nvidiasettlement.com/pdfs/NVF_ReplacementSpecs.pdf

 

Once Again Corruption and Greed Rule The Day I hope milburg has a real good attorney. I have a feeling they are going to need one.

 

Wow. The Judge's ruling PROVED that he didn't take the time to understand (read?) our overwhelming amount of evidence that the CQ56 is not of similar kind or value. He quotes, Bagherzadeh's ridiculous and completely unsupported claim that "the CQ-56 meets or exceeds nearly all of the specifications of the original computers." Moreover, the judge misses the point of a laptop - just because you can easily buy 11 peripherals doesn't mean that it provides the same convenience and usability as one with all of those features integrated in. The judge also misses the point of having a computer with a larger display (17" versus 15.6"), a huge difference in resolution, and one that is nearly twice as fast, based on CPU benchmarks - not clock rate.

I hope the fact that the Judge cited Bagherzadeh's flawed report, and that Milberg completely ignored our statements about why Bagherzadeh's claim is wrong, opens Milberg and Bagherzadeh up to a lawsuit. As someone with a graduate degree in computer engineering, I know that there is absolutely no way that Bagherzadeh could create the report that he did in good faith.

 

Is it TRUE that we LOST???? Someone please explain what is going on here????

 

there goes what little faith i had in our legal system.

this should not be allowed. the big guys got the 12million dollar payout, while we get royally screwed. I had hopes that Judge Ware was fighting for us, was on our side. Turns out he is just as incompetent and ignorant as milberg.

i say we FLOOD milberg's office with calls. EVERYONE needs to voice their outrage over this. "83 possible complaints" my ***. Do not roll over and let them do this. call them, tie up their lines, and voice your outrage. those of you who can, hire a lawyer and fight this thing.

Corrupt companies and an incompetent legal system REALLY make me want to move to another country...

 

we lost. the judge is an idiot. milberg got paid bigtime. we got screwed big time. about all there is to it.

hope this comes back around and bites judge ware in the *** someday. i REALLY F'ing do.

 

This is an outrage!!!! I can't believe the Judge even read everything or he would have seen the truth! There has got to be something else we can do...Anyone have any brillant ideas so we can make this right. Can we sue Milberg?

 

i believe mr. frank mentioned about suing for malpractice.

i am not a legal expert, so i cannot say. Mr. frank, if you could spare a moment post an in-depth analysis of our options at this point? i am sure everyone here would greatly appreciate it. Anything and everything we can do, we must. do not let them get away with this.

I really wish i had the income to afford a lawyer. this is bull**** and an insult to not just every affected class member, but an insult to the intelligence of our legal system. there is NO way a judge with an ounce of intelligence would read over BOTH SIDES of the paperwork and rule in favor of the company that is clearly screwing THOUSANDS of people over.

shame on you Judge Ware. I really hope this hurts your career big time.

 

Unfortunately, I'd have to agree with this. All the Judge had to do is read Ted's initial filing and comprehend our key complaints:

• the performance of the CPU
• the size of the monitor (for those claimants with a 17" laptop)
• the number of included peripherals

The facts of this case are so straightforward (although Milberg/NVIDIA did there best to obfuscate them) that being too busy or technology incompetent are not reasonable excuses.

The only mistake I think we could have possibly made is pointing out too many flaws in Milberg/NVIDIA's case. Since the Judge doesn't have the time to read a 20 page document, maybe we should have made a very brief argument (i.e. an executive summary) with footnotes backing up each claim. Or maybe Ted should have walked into the courtroom with a CQ56 and a dv9000 and shown the Judge how different they are. I'm skeptical that either approach (or ANY approach) would have yielded different results.

 

NVIDIA Gets Away With Bait-and-Switch is now the top article on the front page of Slashdot.

 

Well Ted thanks for your efforts in this.

 

You could try booting up a different OS! I tried the UBUNTU linux live CD version and it worked fine. The Live CD version runs off the CD and doesn't install anything and won't mess up Vista or whatever you have. Then if you like it, you can install it.

I took the plunge when Windows 7 came out and am running Windows 7 Professional 64-bit. When mine died, I never lost the internet just black screen or locked up and wouldn't reboot. I purchased a motherboard and heatsink/fan assembly online and installed them myself. Cost about $200 altogether and has been working fine and cool since February. I hope it lasts a while but am sure I was lucky to get 3+ years out of it before it started craping out. BTW, I was using it as a desktop replacement and used to never shut it off! Now shut it down or hibernate when through!

 

I nominate the Judge for "LIBTARD of the Year"!!!

 

Thanks to Mr. Frank. You fought the good fight on our behalf.

Depending on factors too numerous to mention, many owners of the more expensive laptops should now give serious consideration to repair.

If you don't, and if you send it in instead, somebody else might try to repair it.

The CQ56 is now at $280 +tax brand new. A $1500+ dead laptop, in otherwise good condition, might be worth that much just for parts.

The price of silver is finally falling a bit. Go for a silver shim!

 

How utterly typical. How many times have you seen it? The class-action lawyers walk away with millions while the plaintiffs (read: saps) "win" a $50 coupon for a company/product they would hardly do business with again if their lives depended on it. Sigh...

 

http://www.fa-ir.org/ai/judgeware.htm

Here's our BOY.....lying sob
? what is the opposite of Affirmative action

"Judge Ware's stepmother, however, said she doesn't believe Judge Ware would make up such a story. "He's real nice, He's honest; he's a lawyer."

 

I do want to thank Ted for all the time and effort he put into this case. It is a sad day when the big companies get away with screwing us. If there is any thing we can do to make a difference please let me know. I would be glad to help in any way. And thanks also to everyone here who have supported us through out this ordeal. I say we sue Milberg to get some of that 13 million he was paid for screwing us.

 

You Got Mine.

QUOTE=matt198992;7446034]we lost. the judge is an idiot. milberg got paid bigtime. we got screwed big time. about all there is to it.

hope this comes back around and bites judge ware in the *** someday. i REALLY F'ing do.[/QUOTE]

 

This is absolutely sickening. The inept judge Ware (I use the term judge loosely) obviously didn't read the documents filed on our behalf.

@Ted, is there any way around the settlement's stipulation that we can't take HP (et. al) to small claims court? I'd rather take HP to small claims and get 75% of my purchase price back than have to deal with this underpowered slap in the face. I find it reprehensible that they can get away with baiting us with a "similar or like in kind and value" replacement, getting us to stay quiet throughout the objection period, and then switching the replacement with the cheapest notebook they can get their hands on. If there's no way to take HP to small claims, could there be a motion on the grounds that we did knot have prior knowledge of the replacement during the objection period?

Of course, thank you Ted for the work you put in regardless of the outcome.

 

If anyone is interested in pursuing a class action suit against Milberg LLP, please send me your name and telephone number to: n v i d i a 4 1 1 (at) gmail.com.

**EDIT*

1. At this point, I am simply trying to gauge the level of interest;
2. I AM NOT IMPLYING A GUARANTEE that there will be a class action suit against Milberg;
3. We can bring further legal action only if we can secure a firm interested in helping us on a contingent basis;
4. You can certainly contact attorneys on your own to seek your own legal remedy

 

i am interested in helping, however i do not have the money to do so (recent grad, moving out, loans hitting me in 2 months)... if you need help with anything else, drop me an email or pm.

 

I am pretty upset with this whole outcome, but after looking at my options I think I am going with the netbook.

1. I don't have a need for a lower end laptop as it would only set around and collect dust since it won't do what I need, and it is even less portable than what I currently have.

2. The CQ56 is going for less than $300 new, so it won't bring much on ebay.

3. The netbook is very portable, and appears to be "almost" as fast as the CQ56 because at least it does have a dual core processor.

4. I can throw it around in my trunk on my motorcycle rides with little to worry about, and since it does have a card reader, it will transfer my pictures from my camera's and store them during the rides.

5. It will bring more $$ on ebay since they are going for $450 new.

6. It is NOT an HP product, so they lose out more. This is my biggest reason.

I really can't use either of the choices, and I am seriously considering keeping my TX1410, but I have also replaced it so none of the choices really benefit me, and as the consumer, I have lost all the way around. The only way this would benefit me, is if they would have replaced my TX with a comparable laptop that I can actually use for the reasons I purchased it in the first place.... I am entirely disgusted with HP, Nvidia, and the legal system who is in bed with them..... This is just one of the reasons this country is becoming what it is,,,,,,, GREED!!

Just had to vent a little......

P.S. I do appreciate everything Ted Frank and all others have done. There are few people in the legal system that are willing to battle with big companies like he did. It is a shame the judge chose not to serve the consumers that put him where he is....

 

Thanks Ted, for the effort. I believe you fought the good fight and sometimes the best argument doesn't win. Time to lick our wounds an move on, I believe.

 

Well, I guess it's better to get the as* raping over now then having to wait in agony for it.

It was worth a shot although I have absolutely no confidence in big businesses or government having any real scruples.

It's been a wild ride but I'm glad it's over!

Everybody will get what's coming to them either way...

Ted, he fights for the users!

 

Thank you to all the people who fought for the right thing. Unfortunately, the results did not come out in our favor. But that is okay. We can still make a statement and a difference by not using HP and NVIDIA products ever again for personal or office use (if you have enough pull in your office to influence decisions).
Anyhow, I am not going for the Compaq just because it is HP brand and I have decided: no more HP (or NVIDIA) products for me. I may go for the ASUS netbook (have to make sure it has no NVIDIA in it before deciding) or try to see if I can fix my TX tablet.
For my personal satisfaction, I emailed HP as follows:
"Just wanted to let you know that you just lost a customer due to the fiasco of NVIDIA chips and your tablet laptops and recent ruling by Judge Ware about the "similar replacement". I am sure that one single customer does no difference to HP, but I believe that there are lots like me and as they say "the sea is made of many many drops", so....
Good Bye as I hope not to use an HP product for personal or office you in the future."
It probably wont even be read, but anyhow....

Thanks again to the people who put in a lot of time and efforts for this cause.

 

Remeber that when you vote next time..

By the way, I actually did a test using this link:

Search Campaign Finance Data by Individual Contributor
and found some interesting facts by throwing in a few names.
(I tried like 20 people I have interest in.)

Ok..have to stop here since this is very off-topic.. but I just have to at least mention it.. It is just too ironic that Ted Frank as a tort-reform advocate (who was frequently criticized because of the position) is helping us against people who self-claimed are for the consumers. I know a lot of people who want to avoid politics. But politics are everywhere in our lives. No way to run..

 

I just called them againg to get the status of my claim. They recieved my laptop on February 10th. It has been almost 12 weeks. They are now saying it can take 14 weeks. I have been calling every 2 weeks, they keep adding 2 weeks on to the ship date. I wonder how much the judge got!

 

[/QUOTE]

He is the best Judge that money can buy.