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

Well, this sure wasn't what I expected to hear.

I see Slashdot took the news, is anyone else planning on writing for the other tech sites (Engadget, etc) as a followup? This is still pretty big news and it's a huge number of people getting screwed.

I'll be interested in hearing if there's going to be a suit against Milberg, either class-action or if anyone is going to take them on individually for misrepresentation. I'm not quite ready to give up the good fight.

 

Read more: Nvidia offers low-end laptops as replacements for bumpgate victims- The Inquirer
The Inquirer - Computer hardware news and downloads. Visit the download store today.

 

I am not happy at all. Thank you Mr. Frank and all the others for the input and work trying to give us (the silent majority) hope in winning. It was not our day. What to do next for my self is I don’t know.
Should I take what is offered and hold my nose, try and get my DV6000 Entertainment PC fixed, (did the copper shim thing got 3 month of use) I really have to think about it. Thanks to all again

 

This is MHO:

I'm assuming your laptop failed prior to the copper. I'm assuming it was reflowed and shimmed.

An alternative is to buy a brand new MOBO, minus anything that'll plug in, of course. Use a shim from day one of that MOBO's operation. Do the fan (BIOS change), too, also from day one.

These things, executed properly, should help a brand new (albeit improperly manufactured) GPU, one which has never failed, to last long enough to be of use. And obviously you're not stuck with a CQ56.

I'm not sufficiently smart to do BIOS edits. But if I could I would run the fan at higher speed than does the factory BIOS upgrade. Let the darn fan wear out! It's much less expensive to fix than a dead GPU. And I would just grit my teeth and deal with the fan noise.

As it is, unable to rewrite BIOS code, I would settle for a really good laptop cooler . . . again as prior . . . also from day #1 of the new GPU.

One last thing you can do . . . but you probably won't want to do this:

You can run Windows XP. Word on the street is that XP exercises the GPU less than Vista or 7. This gives cooler running. So if you can suffer through XP, do so.

 

Thanks for that site, I added a comment, I hope they print it. I left it with a bottom line of:It 'ain't over 'til it's over, You can fool all of the people some of the time, and some of the people all of the time, but you can't fool all of the people all of the time.

I might just keep my 2grand tx1000 since I can do a 2 minute repair with a hair dryer, I want to know the reason for wanting my 'non repairable' computer back when normally when a company exchanges a non repairable product they just require the ser-mod number sticker back, there must be a reason hiding in the bush...$$$$$ ?

 

XP may tax the GPU less, in theory, but my computer has never run anything but XP and still failed, albeit gradually. First, the wireless connectivity was lost intermittently, then completly. Later the machine would only occasionally boot normally, often showing all the power indicator lights while never getting past the dark screen. Presently, the machine will boot about every sixth or tenth try, with a better chance if I give the machine a good thump on the palmrest above the CD as I touch the power button. (??)

I'd much rather have this machine running again than accept the CQ56, but I'm pretty sure that it's not worth the price of a motherboard or the time and effort required to change it out - only to probably see it fail again in short order.

 

Two things you can take to the bank, from an automobile to a computer/electronic system, if you can't cool it down it will find
the weakest parts that were not designed to operate in extreme
heat and they will fail, I am surprised that HP didn't have us
cut the air 'intake and ''exhaust' fins out to try to get more air
movement, but they may have tried that and it didn't help. It
blew my mind when my letter said that they were going to
replace the complete product, and now I knew exactly why. I used
my tx1K 98% of the time for a desk top replacement with a
separate monitor and from day 1 and it has had a twin fan cooling
pad, the only time I sat it on my legs it put a 1st degree burn on
the skin, and I advised them of that and they advised me that it is not a laptop but a note book, and I looked all over the product and there is
no such word as a laptop. I have a display of old computers including the first that I know of "vehicle-wireless" product and lots of old cameras, I may just keep it and add it to the collection.

 

Customers get shafted in Nvidia class action suit - TechSpot News

At least let us publicize this issue. So other people can know what this company is like. I've made sure ppl I know will never want to buy Nvidia.

 

The sad reality is that this is indicative of EVERY [large] Class Action suit. The class action process is severely flawed and the ONLY people that gain are the law firms that exploit the their clients. It is a travesty that people need to be educated about.

 

Dang it, don't you just hate it when it turns out you were right but did not want to be? The fat lady has sung, and she shattered my half-full glass when hitting the high note.

A surprised look should not be on any of our faces. Remember, we live in an age where stupidity rules in the courtroom. Fat people can sue restaurants for serving fattening foods and clumsy people can spill hot coffee on their self and sue the place that sold them the coffee. Criminals or their surviving family members can sue their intended victims for using excessive or deadly force to defend loved ones and personal property. This list would be endless if we took the time. What happened here is just one more example of corruption and stupidity.

Fortunately for us, this class action only involved a piece of garbage sold by HP, rather than something like a medication with damaging side effects or something worse.

Most of us have many things to be thankful for, but Judge Ware, Milberg, HP and NVIDIA did not make the list. What goes around comes around. There will be a harvest of thistles and thorns for them to gather sooner or later.

Let's stick together on this thread for a while, and shift gears to focus on ways we can help one another reach the other side of this debacle. Whether it be sharing ideas and experiences concerning upgrades on the inferior replacement systems that we receive, pursuing warranty services on those cheap replacements, sharing experiences about small claims suits against HP for the defective systems, providing updates on a malpractice action against Milberg LLP, or anything else relating to this matter.

If and when you receive your Asus netbook or CQ56, come back and tell us about it. We're still all in this together, and misery just loves company.

 

Can somebody post the details/specs for the ASUS EEE Pad that is bieng offered as a replacement? My apologies if this has already been posted (this thread has become long enough that things posted previously can easily be missed). A google search brings up several models and so am not sure which one is being offered as a replacement here.

Also, I have wiped off everything from the HDD from my TX1000, but if I can keep it, I would like to keep it. Do I have to call them and get their approval for this or is it okay if I just send the laptop without the HDD?

Thanks in advance.

 

People are being told that they can their HDD. I sent an email to Milberg requesting to keep it, and they replied that I could keep it. You might want to do the same, just to have a record of it, don't trust a verbal.

 

My question now is, when will I recieve the replacement. The nvidiasettlement.com site says 6-10 weeks. I am on week number 12. I called them and they said it may take 14 weeks. I would like to know WHY!!!
How can they justify 3 months??

 

They are waiting for the price of the CQ56 to get below $200 before they buy them in bulk. They are probably getting a little kickback from NVIDIA for keeping the cost down. Only joking, but I wouldn't put it past these thieves.

 

Pure, unvarnished guesswork here:

But I'm guessing replacement laptop shipments will move along much faster now that Judge Ware has ruled.

Prior to the ruling, looking at this from the other side, they had much more jeopardy. They might have been required to accept return of thousands of opened CQ56 laptops, for example, and pay for the return shipping. It might have been quite an expense for them, all taken into account. Now the pathway is clear for them simply to ship our replacements . . . horrid as they are . . . and place the entire matter behind them.

All this unless more legal wrangling rises up. If it does, kindly ignore these remarks. More legalities would doubtlessly result in more shipping delays.

 

From CCAF blog:

Sounds promising. I would venture to say we could still go after HP or Nvidia even after receiving the CQ56 for the difference in price/value. I kept so many records of contacting HP and other parties over this before the class action lawsuit surfaced.

It's depressing because I spent all of that time trying to get a repair for free, then I get promised this "new" replacement laptop only to find out that it's worse than the 4 year old laptop it's replacing....

Let's keep this thread going though; anyone who goes forward with a small claims attempt, keep us in the loop. We should all go after Milberg for legal malpractice.

 

Our story hit Gizmodo, albeit it focuses on Mac owners...

Gizmodo, the Gadget Guide

 

I had originally planned on just getting rid of the machine as I really have no use for something this underpowered. But the more I think of it I am going to keep it and use it to make HP pay for the tech support. Every little hiccup the machine makes I will make HP pay to have it fixed/supported. As the good Dr. said in his statement the warranty is where the value is at.
I am going to make HP replace this!

 

Thanks. By any chance, do you know what email you sent the request to (my prior email to Milbery was not acknowledged, so not sure if it was ignored or did not reach them).

Also, I would really appreciate if someone posts the specs for the ASUS EEE Pad that is being offered as a replacement.

 

bondj303,
Jeff Westerman's email address is [email protected]

 

That has been posted a few times but I have sent the link to your private message inbox. It's available on the settlement web site.

 

General Specifications Extended Specifications
Extended Specifications
General
System Type Netbook - convertible
Bundled Services 500 GB ASUS WebStorage
Built-in Devices Stereo speakers, wireless LAN antenna
Approximate Width 10.4 in
Approximate Depth 7.1 in
Approximate Height 1.2 in
Approximate Weight 2.9 lbs
Color Black
Processor
Processor Intel Atom N570 / 1.66 GHz
Multi-Core Technology Dual-Core
64-bit Computing Yes
Chipset Type Intel NM10 Express
RAM
Installed Size 1 GB / 2 GB (max)
Technology DDR2 SDRAM
Form Factor SO DIMM 200-pin
Storage
Hard Drive 250 GB - 5400 rpm
Card Reader
Type Card reader
Supported Flash Memory Cards SD Memory Card, MultiMediaCard, SDHC Memory Card, SDXC Memory Card
Display
Display Type 10.1" Multi-Touch TFT
LCD Backlight Technology LED backlight
Max Resolution 1024 x 600 ( WSVGA )
Widescreen Display Yes
Video
Graphics Processor / Vendor Intel GMA 3150 Dynamic Video Memory Technology 4.0
Audio
Audio Output Sound card
Compliant Standards High Definition Audio
Audio Input Microphone
Notebook Camera
Camera Type Integrated
Sensor Resolution 0.3 Megapixel
Input Device(s)
Type Keyboard, touch-screen, touchpad
Networking
Networking Network adapter
Wireless LAN Supported Yes
Data Link Protocol Ethernet, Fast Ethernet, IEEE 802.11b, IEEE 802.11g, IEEE 802.11n
Compliant Standards IEEE 802.11b, IEEE 802.11g, IEEE 802.11n
Expansion / Connectivity
Expansion Slot(s) Memory - SO DIMM 200-pin
Interfaces 1 x display / video - VGA - 15 pin HD D-Sub (HD-15)
3 x Hi-Speed USB - 4 pin USB Type A
1 x network - Ethernet 10Base-T/100Base-TX - RJ-45
1 x headphones - output - mini-phone 3.5 mm
1 x microphone - input - mini-phone 3.5 mm
Miscellaneous
Included Accessories Stylus
Features ASUS Super Hybrid Engine, ASUS Touch Gate
Power
Power Device External
Battery
Technology Lithium polymer
Installed Qty 1
Capacity 35 Wh
Run Time (Up To) 6.5 hour(s)
Operating System / Software
OS Provided Microsoft Windows 7 Starter
Microsoft Office Preloaded Includes a pre-loaded image of select Microsoft Office 2010 suites. Purchase an Office 2010 Product Key Card or disc to activate preloaded software on this PC.
Software ASUS Super Hybrid Engine, PenWrite, Microsoft Office 2010 Starter
Manufacturer Warranty
Service & Support 1 year warranty
Service & Support Details Limited warranty - 1 year
Limited warranty - battery - 6 months

 

Thanks! I will give it another shot.

 

Thanks for reposting this. I appreciate it.

 

The official response from the Admin of the settlement can be found in FAQ #22.

The NVIDIA GPU Litigation - Frequently Asked Questions

The replacement is not an "EEE Pad" but a convertible Netbook. T101MT EU37-BK. Just being released in the USA, Was released a couple of months ago in AU and Europe.

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

Hopefully they hold their unopened eBay value better than the nearly discontinued CQ-56.

 

I think there is an error somehow wit the specs of the eee pc, I have seen the specs 4 diff places 2 say ddr2 and 2 say ddr3. I i went to intel's web site and it says the Atom N570 does not support ddr2....So.......

 

I've hear the processor does support ddr3/667 but the platform does not. So some netbook/tablets might support ddr3 in the near future with an upgraded platform, but for now they are using some of the older hardware that does not support it. Just my 2 cents.

 

Does anyone know if we need to send in the AC aptapter?
Thanks

 

Once again the US Justice system fails to provide justice. Disappointed, but I can't say that I'm really all that surprised.

I guess I will send away for my outdated-before-it-was-manufactured piece of junk to replace my was-broken-when-they-sold-it-to-me piece of junk that I'm using as a doorstop.

 

I have been gone since last Thursday. I have been reading through the recent flurry of postings. Apparently, the Judge ruled in favor of NVIDIA.
It looks like the only thing to do now is go ahead and send in my HP tx1127.

The hard drive enclosure I ordered on 4/22 was here when I returned. It does not seem to fit the hard drive from my tx1127. The 160 GB drive says ‘Serial AT Disc Drive’, while the enclosure says USB 2.0 SATA HDD External Box.
Apparently, these are not the same specs. Even with the metal bracket removed from the drive, it is slightly wider than the enclosure. Also, the connectors on the end are not the same as in the enclosure.
I believe a few other people ordered one of these. If anyone ordered one that does fit, please provide the information. Thanks.

 

look at this site for your techy needs, and many others.
HDD Enclosures, Cheap Hard Drive Enclosure, External HDD Protective Cases on Sale - DealExtreme
i ordered sku#51124 (2.5" SATA USB 2.0 HDD Enclosure with Leather Pouch - Black)
ill let you know how it fits when i get it in should be few days.

 

Is there a black connector on your hard drive that you can pull off? It might look like this.

 

Jeff Westerman’s email reply to me on 3/15 says I can keep the hard drive from HP only, all other parts must be included with the return. Quote:
‘If you are sending in your old HP/Compaq computer for the replacement claim then, yes, you may remove your hard drive.
Hard drives of Apples and Dells sent in for repair should not be removed.
Except for the hard drive, you should generally include parts with the return.’

 

Eureka!!! Thank you!!
The picture you included looks like the connector inside the enclosure. With that clue, I (very carefully) removed the matching connector from the hard drive.
That made the drive slightly shorter, and the connector that was left fit right into the enclosure, a very tight fit.
I connected the hard drive to my desk computer, and it was recognized, both partitions. One has everything on it, the other is the recovery drive for Vista. I could probably use that on some unsuspecting HP computer in the future.
I will certainly keep the drive now, and Thanks Again to you, Dean PSX.

 

Your welcome. I had the same problem.

 

Nvidia loosing market share! Awwwwww... I hope they loose all market share!

NVIDIA suffers massive GPU market share slide | ZDNet

 

Good find. The report was done by Jon Peddie Research... The name sounds familiar... Of course NVIDIA exited the integrated chip market. After the GO 6150 mess (even some of the higher-end class computers had this FAULTY chip), I doubt anyone would be interested in another NVIDIA integrated chip.

AMD is a company that I like a lot but due to my specific requirements I got two I7-920s instead of AMD processors. At least I have two ATI graphics cards (4850 and 4350) and will have the 4250 once the CQ56 arrives..
I'm glad to see that AMD is gaining market share..

I will not buy from NVIDIA again not because of this settlement..
A company that keeps shipping faulty products for several years cannot be trusted.. I would rather not having to go through this mess even if the replacement were a better PC.

 

People who posted comments on that story say they will not buy anything that does not have NVIDIA GPU. That's pretty strange, compared to my experience.

 

I have sent mine without AC adapter and it has been accepted.

 

Got a confirmation that it is okay to keep the hard disc drive with me. Thanks for providing the right email.
FYI: I chose the ASUS netbook and plan to send my laptop soon. Will post an update when I receive the replacement (i expect it to take at least 2-3 months).

 

NVIDIA had a bad run of GPUs for a while, but their products are usually excellent. What was not excellent is how they shafted us on this settlement. I place equal or greater blame on HP because their shoddy engineering seems to have grossly exaggerated the NVIDIA defect. HP also sold low quality systems that were disposable, whereas the Dell and Apple products on the affected models list were repairable. To that extent, I think that NVIDIA was also gypped by HP and their garbage computers.

Anyway, my point in mentioning this is that computer users with NVIDIA components that were not affected would have no reason to be anything but pleased with NVIDIA. NVIDIA has enjoyed a great reputation among computer gaming enthusiasts and CAD professionals for producing very powerful and reliable graphics systems. Their untoward behavior with class members and nonchalant attitude in breach of the settlement provisions is not unusual in the world we live in today. It really should not come as that great a surprise to any of us that pay attention to the world around us.

A product defect lawsuit is much like a declaration of financial warfare against a company. That is appropriate in some cases, including this one. They should take ownership of what they did and provide a remedy. NVIDIA energetically defended itself, and did so successfully from their own business perspective. As it turns out, settling the suit short of a trial was a pretty sly move on their part. Underhanded, but very sly.

I think it may have turned out remarkably different had the matter been fully adjudicated. An actual award of damages that was suitable perhaps would have included something like refunds or vouchers for replacement systems worth the original purchase price. Or, it could have have turned out that the trier of fact might have agreed with NVIDIA that there was no defect

 

Thanks from me too, I had ordered the $5 deal and didn't try to install my hard drive in it until now and without the instructions and picture I would have been believing I blew the $5 bucks for nothing. It works slick, thanks to all involved ! Bottom line >>> can keep hard drive X can keep 120vac adapter/charger ? can keep 1 memory if contains 2 as mine has ?

 

Agreed on the part that HP should bear more of the blame..
Upon further research, I found there was actually a recall and extended warranty on the HP v60xx and v30xx series but I was never notified. During that period I was busy traveling(50 weeks a year) so I didn't have time to look for "recall information" constantly on the Internet.
I did receive more than one notifications for the NVIDIA settlement otherwise I would have gotten nothing... Also, this is not the only problematic laptop that I've used that has an overheating issue. I had a Lenovo T61 from work. It frequently overheated to the extent that the OS would not boot until cool down. It was only better that nothing was permanently damaged in a short period of time.

I'm still waiting for the CQ56 to show up. My replacement was approved on 3/3. It's almost the end of 9th week. I wonder whether it would show up by next Friday as promised.

 

A little late on the bandwagon here, but I'd like to thank Ted, jtfrommer and everyone else in this thread for their efforts thus far. If I'd had even a tiny glimpse of hope we'd get a fair treatment, it was all due to the massive effort put forth by all of you. While the outcome doesn't surprise me one bit, don't lower your heads just yet and remember that just because those in power disagree, it doesn't mean we're not ultimately right.

You fought a good fight, a fight you know you'd win had you been given a fair judgement. The moral high ground is yours, and yours alone.

 

Thanks to Mr. Frank and Mr. Fox and everyone on this forum for all the communication and experiences in this failed unfair class action.

Well after hearing the disappointing news I went ahead and sent my DV9000nr out for another doorstop laptop.

The funny thing was, in the instructions they say to use a #2 bublewrap (or two) to put the laptop in.. THE 17" laptop wouldn't even fit in the two bags.. I was in the store working a sweat, struggling to put the laptop into the envelopes.. Rips and tears and continuous frustration..

I finally did a 1/2 A$$ job and then the instructions said to use brown paper or a crumpled up envelope for extra padding.. There was no brown paper so I started using Fed-ex paper envelopes. The Fed-ex/kinko's salesperson came over and said I couldn't use those. She read the instructions and told me they had brown paper but that would cost extra. I told her that I shouldn't have to pay for anything and she read the paperwork more and in final frustration gave me back my crumpled envelopes and stuffed them in the box.. LOL.

It's a good thing that Nvidia isn't requesting the power supply because it wouldn't fit in the box either.

What a failed class action suit this has turned out to be.. Nothing but frustrations from day one of purchasing this HP laptop to finally shipping it out.. Look forward to more disappointment when I receive the slow Compaq replacement.

I tell people all the time to never buy HP, I wont ever buy HP anything (printers included).. I used to work for Digital Equipment Corp, which then got bought by Compaq, which then got bought by HP.. I left the company while under the reigns of HP and even then it was going downhill fast in quality and customer services.

Farewell everyone it's been a bumpy ride, but in the end, greed once again shows the truth of the USA and as long as those get their Millions, nothing else matters.

XBones

 

If Nvidia thinks it won in the settlement fairness enforcement... think again, they are loosing big time on OEM and consumers confidence, On Corporate Social Responsibility they fail.

 

XBones - you're welcome. The collaboration on this thread has been phenomenal. I hope there is more collaboration to follow. Every thread participant has been awesome.

 

I intend to ship my tx1127 next week.
Since Westerman’s reply said ‘Except for the hard drive, you should generally include parts with the return’, I intended to include the power supply and cord.

Posts by core2avs and xbones seem to indicate that I should just keep the power supply, and it will not fit in the package anyway.
Is there anything definitive about this? Is the power supply and cord required in the return package?

 

i sent mine without power supply and it was accepted. I sent it long time ago, i called last week and it will take 8 weeks to get the new one.

 

Kevin,
Would you be able to help me (ie paper work) to get my ducks in a row for the State of Ohio in a small claims court action against Jeff Westerman and Milberg? I have three TX 1000 models, Two of which have failed and I'm sending in next week. I plan on filing suit and taking in Both the working TX 1000 and the Asus in to show the Judge that I was wrongfully represented in the "Class action" and Westerman should have fought for us against Nvidia's misrepresenting "Witness's". He did nothing even after Ted proved that the replacements were "NOT" of "Similar in Kind or Similar or Equal Value".
Maybe if enough of us do this! The "Class Action Attorney's" will take notice and get rid of their wanna be Boyscout motto: "On my Honor I will do my best to Help myself and Screw the rest."

Also I would like to thank Ted Frank for his efforts in this "Wrongful Miscarriage of Justice".