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

1. Mushroom Management

Restrict employee access to information and decisions (keep them in the dark).
When information is conveyed, it is incomplete, inaccurate, or full of marketing hyperbole (throw $h!t on them).
Large, hierarchical, process-bound organizations are frequently guilty of the most egregious forms of "mushroom management."

They keep us in the dark and feed us $h!t



The following suffixes corresponds to the region the notebook is sold.

* us : United States
* ca : Canada
* la : Latin America
* br : Brazil
* ea / ee / (e + a letter) : Europe / Middle East
* sc : Scandinavia
* au / ax : Asia / Australia - AMD Processor (AU = AMD + UMA, AX = AMD + Discrete *UMA and Discrete refers to graphics *)
* tu / tx : Asia / Australia - Intel Processor (TU = Intel + UMA, TX = Intel + Discrete)
* br : Brazil
* ap : Asia Pacific

Other suffixes include nr, cl, and wm.

* nr : No Rebate
* cl : Club Model (These models are available only through some clubs like Costco and Sam's Club)
* wm : Walmart Model

 

update to Frank's blog:

a little cryptic. i would like to know what is actually being discussed between Nvidia and Milberg.

i like the idea of sending the letters out as soon as possible. we need to keep fighting this. obviously for some people that currently own a brick, you are thinking that you are getting a working computer and dont care too much about anything else.

i disagree with this. if we just bow our heads and let them, for lack of better words, screw us over, we will not be getting what the settlement describes.

i dont know, i just think that we should do everything in our power to help change or persuade their decision and, in the end, we can say we did our best instead of regretting it later on.

 

I am fairly certain that a great number of posters have related their experiences in dealing with the Counsels in this case as well as the Claims Administrators. I will admit that I have not yet taken the time to go back and read through all 30+ pages of posts on this subject. I hope to have the time to do so soon. I may be repeating information by relating my experiences, but we can collectively check the consistency of what we are hearing via this thread. So far, individually, I am already getting some inconsistencies.

So, on to today's tales. I will highlight what I think to be the important parts.

Call #1, Claims Administrator, (call #3) for additional clarification.

The company and personnel you will reach when you call the Claims Administrator hotline at the number 1-877-440-7557 are a neutral third party. They have been hired by and are under the employ of the Plaintiff and Defense Counsels, and their respective clients, They only have the information that is given to them. Apparently, the woman with whom I spoke with previously was speaking out of turn and did not have complete or correct information and may have been making assumptions that were not hers to make. (See below)

IMO, I think it is important that we do NOT call them for commentary about the manner in which the settlement is being executed. Only call for details and information about processing the claim itself.


Call #2, Millberg LLC, (call #2) again, additional clarification.

The woman had a great deal more information and we spoke for quite a while. I was unable to keep up with my note taking, but I was able to learn quite a bit more.

• Milberg is compiling a database of plaintiff concerns relating to the execution of the settlement. This information "will be reviewed" by the Class Counsels. By all means, call them, let your voice heard at 1-877-692-1965. They need to know. One voice shouting at the mountaintop is futile, but a chorus will move that mountain.
  
  Not quite the web form you suggested, but at least you get to speak with a human. It seems that they just might be listening.
  
  
• The Claims Administrator Associate that I spoke with previously had incorrect information. The chosen laptop model is not the CQ50 family, it is specifically the CQ50-115dx. (More on this below.)
• Despite it not being spelled out in the settlement terms, the intent of the settlement was NOT to restore users to their "day one" experience with their original laptop, but to provide a reasonable replacement laptop to the affected HP users.
• "Negotiations" are still "on going," but it is unlikely that any of the settlement terms will change.

That is what I can remember for now. More to follow if I remember pertinent information.

About the CQ50-115dx. Referring to this list, does not yield a CQ50-115 DX only a CQ50-115NR. However, a Google search for CQ50-115dx yields the CQ56-115dx. I was able to pull this information about this while I was on the phone with Millberg and mentioned the fact that there was no CQ50-115dx listed, only the CQ56-115dx. She informed me that she was certain that the 56 was NOT the model, but she couldn't confirm this as 100% positive.

Draw your own conclusions on the ability of either of these machines.

I agree with you 100%. My letter writing starts soon. I plan on sending a great many individualized letters to all concerned in this before the week is out. Rough guess about 20+

Could you post a link to that Blog? I'd like to read it too.

 

...
That is what I can remember for now. More to follow if I remember pertinent information.

About the CQ50-115dx. Referring to this list, does not yield a CQ50-115 DX only a CQ50-115NR. However, a Google search for CQ50-115dx yields the CQ56-115dx. I was able to pull this information about this while I was on the phone with Millberg and mentioned the fact that there was no CQ50-115dx listed, only the CQ56-115dx. She informed me that she was certain that the 56 was NOT the model, but she couldn't confirm this as 100% positive.

Draw your own conclusions on the ability of either of these machines.
...

Neither of which is even close to alot of the the dvXXXX laptops people are claiming! If they don't come up with a better replacement than a CQ50-junk! then they can keep thier settlement and I'll keep my broken laptop for parts!

No Manhattan Isle for $24 in beads!

 

I disagree about the CQ5 6-115dx being not even close. The specs listed are actually better in almost every way than my wife's dv6559us. The other model is similar, but a slight downgrade in some ways.

03/20/2011 Edit: After further research, I retract the above statement. The only specs that are better are the Radeon graphics and Windows 7 Home Premium. Everything else is a downgrade or features are totally absent. This model being offered is a breach of the settlement.

 

Both of them are infinitely higher quality machines than the Asus Eee netbook/tablet hybrid they're trying to pawn off on the Tx owners.

 

The CQ50 Family has OVERHEATING problems since DAY 1! Look it up.

cq50 overheats - Google Search

Defective crap for inferior defective crap

 

Then that is an exact replacement....

 

Many of us own a defective DV9000.
Translated: the CQ56-115dx is a TOTAL DOWNGRADE. Not of "like kind" or value to a DV9000.
Remember that your model (DV6xxx) is one of several different and lesser models affected by this defect. Maybe the CQ junk will be ok for DV6xxx replacements, but not for many others.

 

Yes, I have a dv92-something and had it upgraded, a custom build. It had Vista Business, a 7200 RPM hard drive (the Compaq's is 4200 RPM!!), a 17" widescreen....$1751.99 in 2007. The Compaq sold for $300 - $600 (or so) in 2008.

 

Yep! That's why I say they can keep the CQ-junk in my case!
I don't see how they can expect to carry out the settlement as written with only one model replacement anyway. And as for the TX people, I think they are getting screwed also!
But we shall see.....someday!

 

trust me...we ARE... the asus is such a huge downgrade it is not even funny. and most people have a tx model a LOT better than i do. some would be losing over $1,500 or even $2,000 by downgrading to the Asus.

 

Thanks for the Info. those suffixes are real useful. It's always confusing looking up a model number for specs and drivers because the model number on the computer don't list those suffixes.

I understand what you mean now about the Mushroom management.

 

But it's an upgrade to the Compaq Presario F500. it has 1gb ram and 80gb hard drive. with Windows Vista Home. If the CQ56 is better then the CQ50 I'll take it. It looks like the middle of the road.

 

Yep, you're exactly right. I never said it was equivalent to the dv9000. In fact, it's not equivalent to any Pavilion that I am aware of. I agree that it's a downgrade.

I'm in the camp with the folks that are ready to move on and get something that might function in exchange for something that doesn't. What I cannot do is manufacture my own motherboard to replace the defective trash that HP sold me.

But, like shasta7 said... "Defective crap for inferior defective crap" ...whether it's the dv6XXX or dv9XXXX. When you get down to brass tacks, trash is trash. The dv9XXX owners just paid more for their piece of trash than the dv6XXX owners did.

Having more experience than I would like to with HP products over the years, I'm pretty well convinced that anything they provide me as a replacement under that brand name will be a defective product regardless of what price range is, or what features it has. The dv6449us that I am waiting for my claim to be processed for was the last HP product that I will ever purchase. I knew I was making a mistake when I bought it, but did not go with what my gut was telling me from past experience with their brand. Like the old saying goes, "live and learn". And I have. Adios, HP.

 

Perhaps I will push for a better replacement. My DV9000 is still working and I like it, a lot.

Although, I have had to send it in for "mainboard" replacement 3 times since I purchased it in 12/06. I was foolish (wise??) enought o pay for the biggest xtended warranty HP offered which carried me thru the last time the board failed. Purchased xtended warranty has since run out.

Presumably the main board will fail again, although not totally guaranteed to.
With that said, I don't really want to trade my "functioning" DV9000 in for some tiny half wit Compaq CQxxx.

I realize I may have to cut my losses. Just don't want to!
I prefer to hope and fight for whats right. Refuse to live on our knees and settle for less, we deserve better in this case. This whole thing stinks!
Good luck to all.

 

My Letter To the Attorneys concerning my HP DV 9xxx

RE: Nvidia GPU lit., Case No. 08-04312-JW (N.D. CAL.)


Gentlemen,

I am a member of the above mentioned class action suit. I chose to stay in the class with the expectation that the terms of the settlement would be adhered to. Specifically "A Replacement
computer of like or similar kind AND equal or similar value". After reviewing the Settlement Administrators web page as to the proposed replacements, I feel that the terms of the settlement are not being adhered to or met. The proposed models IE: CQ50 and Asus EEE T101MT-EU17-BK fall well short of meeting the terms of the settlement. In my case I have an HP pavilio DV9000, this (KIND) of computer is a desktop replacement billed as an Entertainment Center pc. It is a 17" wide screen hd display, dual hard drives,Lightscribe DVDplaver with remote control among other high end features. The (VALUE) of this computer new was $1600 dollars Retail. The proposed replacement comes nowhere near these features, Further the CQ50 has well documented manufacturing defects of it's own. These defects lead to some of the same problems my HP has IE: OVERHEATING causing random video shut down and ultimate failure of the unit, Further this computer has not been in production since 2008. The likelihood of failure and the age of the parts in the machine leads me to
the conclusion should the unit fail it would not be repairable as is my Hp Pavilion. The (Value) of the CQ50 when it was being sold RETAIL was a mere $299 to $399 and the (KIND) of computer the
CQ50 is Billed as a ECONOMY Portable Business notebook. Using the "Ordinary Man" concept of law a normal person would conclude that in no way shape or form are the two computers alike in KIND or Value. I would like for you to seriously reevaluate the replacement choices as I feel that the replacements are seriously deficient in terms of the settlement and a one size fits all approach is in violation with the Terms of the settlement.
As Time is of the essence I would appreciate your Immediate time and Attention in this Matter.

 

That's brilliant!!!! You hit the nail on the head!!!

 

Yesterday, I began sending out the email below. CNN, CBS, NBC, Neowin, Anandtech, Xbit labs, and TomsHardware so far. Today I received the following note from Anton Shilov at Xbit Labs.

“Thanks for letting us know about the situation. We will contact Nvidia and then will issue a story. Thank you very much.”

I encourage everyone to send this or something similar to as many news &tech sites as possible between now and Monday. We have nothing to lose…. and everything to gain. Please feel free to copy, paste, fix or whatever you feel appropriate …. but please do something (professional).

All the best….. and nice job Shasta (Rep +1), I have sent a letter much like yours to nearly every attorney on Redshirts attorney list. Wait ‘till they get wind that this (at least on some level) is going to make the press. Thank You Anton & Xbit Labs!

ADD: New York Times, LA Times, Washington Post, Fox News, Engadget, ZD Net....

;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;
Dear Sir or Madam,

In 2006, Nvidia began production and distribution of defective 8 Series GPU chips. These chips affected notebooks including those produced by Apple, Dell, and HP. Although BIOS updates were issued that prolonged the inevitable solder related failure, Nvidia never acknowledged the faults and in 2008 were sued through Class Action proceedings. In December of 2010 the suit was “settled” and by way of a “Fairness Hearing” the presiding judge ordered Nvidia to provide “replacement computers of like or similar kind and equal or similar value” to afflicted consumers. This settlement could affect up to 5 million US consumers.

While affected Apple and Dell computers are to be repaired, Nvidia is trying to issue one-size-fits-all, 3 year old, cheap economy class Compaq notebook computers to all afflicted HP owners no matter the specification or equipment installed on the afflicted owner’s notebook. The disparity ranges from $100s to $1000s of dollars and is clearly a violation of the good faith intent of the judge’s order. This is very important US consumer news that could affect millions.

Please give this fair consideration as some sort of decision, clarification, or notification is expected from Nvidia by 9 Feb. Here are some important resource links:

Lead Attorneys, Millberg LLP, 1-877-692-1965
JEFF S. WESTERMAN (SBN 94559) [email protected]

NVIDIA problems/impending recall? - WORLD Law Direct Forums

The NVIDIA GPU Litigation - Home Page

Center for Class Action Fairness: NVIDIA GPU Settlement - HP replacement computers

Nvidia GPU Litigation Replacement Petition - The Petition Site

http://forum.notebookreview.com/hp-...-hearing-tomorrow-almost-time-make-claim.html

 

Just sent it to Fox News management! I guess we're madder than an Egyptian protester.

 

Are you listening Nvidia??? Check this out - OEMs and motherboard manufacturers to offer refunds/replacements over Sandy Bridge chipset flaw | ZDNet

 

Toooooo Funny!! But absolutely correct. Rep +1 to ya!!

 

Since the HP's cannot be repaired and it is unlikely that there can be one or more systems which would be of similiar kind and value to the hundreds of models in the class-action suit, why is nobody considering a cash settlement?
I would be satisfied with about two-thirds of what I paid for the laptop.
Everybody can then choose to buy whatever they need for their situation.

 

I do not think a cash settlement would ever be in question.
Think about it, they will be buying several hundred thousand and highly likely over a million.
They will be getting a huge discount, if retail is $500 they probably only pay $350 or less.
So if you had a payed $1000 for your computer you want $650ish in cash to replace it. Well the computer there paying for is a $450 retail so you only get 2/3 of that in their eyes, So you now only get $300.
So you only get 1/3 at the end.

 

Actually I am also having same idea.

I have spent $800 for a dual core 1.6ghz, with 1gb/160gb and vista. The computer is very usable(except vista) for the work I was doing in 2007.
in 2011, I own a HD camcorder ,12MP dslr Camera, N router, 32gb ipod and so on.... Now a CQ50 or any equal computer is not at all usable for me.
I already have a note book with core2, 2ghz and i am in search of a laptop with i5 to handle my tasks. so even $XXX would be a great welcome than cq50.
Also my computer was broken long ago. So I would like a quick response from nvidia. Looks like that Nvidia is wantedly delaying the process.

 

I too would love the option of cash. But nvidia and hp got to get rid of the junk CQ50's they give them to us at wholesale and write them off at retail and both limit there losses while clearing junk inventory.


Its SAD but true!!!

 

300 is better than cq50 for many people.

 

You are right except that the 450 or 500 retail computer is not of "similar kind and value". Hopefully, the lawyers have realized that based on Mr. Frank's intervention.

 

Not a bad thought but the problem with that is it would be nearly impossible for NVIDIA to find out exactly what each HP class members have paid for their laptop to give a pro-rated cash settlement (BTW, the claim filing process looks at receipts as well as just the registration of the computer leading me to believe they don't care about the amount paid originally). People that have paid more for their computer would be unhappy with getting the same as someone that paid much less. That being said, I think a small modification of your idea would be to give a pro-rated credit for HP products based on the model of each class members product. This is a good situation for all involved (all class members are treated the same) and the cash settlement/credits will come right from NVIDIA (who are responsible in the first place) to HP who are able to avoid giving away crap cq50 computers (making class members angry) and working with NVIDIA can help with some of the monetary losses for both companies. NVIDIA assumes responsibility, class members are treated fairly and HP saves face FTW.

 

Guys/Gals-

I think you can pretty much forget about getting vouchers, cash settlements, etc.

Ironically, our best chance of receiving a fair replacement note book is what was written in "stone":

"...to provide a new replacement computer of like or similar kind AND equal or similar value to the consumer at NVIDIA’s expense."

It is now February 7th and there is still NO CHANGES made to the nvidiasettlement.com on any updates on "discussions" or anything else which leads me to believe one or both sides are dragging their feet.

If you haven't done so already, please:

1. send your physical letters to the presiding judge and lead attorneys.

2. file a complaint withe the Federal Trade Commission ( click here) as they have some jurisdiction over class action improprieties.

3. contact as many news organizations and online tech review sites (some have mentioned endgaget, anandtech, etc)

 

I definitely Agree.

 

My claims been approved. Just received a replacement authorization form in the mail.

 

Please also remember what else was written in stone "If your affected computer is an HP tablet computer, you will receive an Asus EEE T101MT-EU17-BK notebook computer. For all other HP notebook computers, the replacement computer will be a Compaq Presario CQ50 computer." Obviously we are posting here on this thread because we find this unacceptable. What is so wrong with coming up with alternatives that would be beneficial to all parties involved (ex. - class members, NVIDIA and HP). Isn't the point of this thread to discuss options for fairness for replacement of our damaged products? If it is written in stone that we will receive a "replacement computer of like or similar kind/value" isn't that contradictory to the fact that "For all other HP notebook computers, the replacement computer will be a Compaq Presario CQ50 computer?" Both are "written in stone" and a 15" cq50 isn't gonna cut it for my DV9000. If NVIDIA is going to change the replacement computer option, then they can change to a pro-rated cash settlement by model that is more beneficial to all involved, imho.

 

When did you file your claim? is it a big envelope? Your post is very exciting! lol

 

Filed a claim on January 9. It was just a piece of paper with instructions on it. It just came in a regular envelope. Didn't come with a box. It says take the laptop and instructions to FedEx. They will have a box to ship it in. I live in California.

 

really? because taken from the official site:

they are supposed to send the BOX to you so that you do not pay for shipping costs. i would be careful of that letter and give the 877 number a call to confirm that it is an official letter from them. i will give them a call tomorrow to confirm this as well and make sure they are not asking us to pay 50-60 for shipping on top of receiving a complete downgrade.

has anybody else received a similar letter in the mail? i filed my claim the day the site allowed it as well and have not heard anything back yet....

 

:confused2:

Am I wrong to be dubious either of this gent or for this gent?

 

It says the box and shipping is free. Give me 5 minutes and I'll have the letter uploaded.

 

ok. will await the upload. i am not quite convinced this is official...

 

what kind of computer did you have??

awaiting upload

Done Waiting I Call B>S

I think as Ted Frank cryptically said we will hear something on the 9th

 

I did call them.

Hp Pavilion DV2210US

Heres the letter. I took out a few things like name, address, claim numbers and barcodes.
Front http://tinyurl.com/5uwkw98
Back http://tinyurl.com/4fltgc7

 

i still dont know. i will be awaiting Ted Frank's update on wednesday...

anyone who has received and approval claim, please post here and lets us know.

 

@ Deanpsx
Did it by chance say what you were getting as a replacement?

 

No. I would like to know though. Most likely what it says on the website.
Also I guess I'm not supposed to send the charger because it just says insert laptop in padded pak envelope.

 

You can keep the HD too and if you upgraded anything memory etc
remember to downgrade before sending in. Its all going to a recycle bin anyway....

 

Are you a 100% sure I can keep the hard drive. It doesn't say it anywhere. I even called and asked but she didn't really give me an answer.

 

I think its in the settlement website I think it was linked to earlier in this thread. I wont be sending mine

Sidenote if they are still offering a CQ50 I won't be sending sh!t
except a letter from the local court to Milburg!

 

I don't think it's on there anymore. I think it was on the sample form and something else.

 

you are correct

 

I sent an email to mr. frank so he is aware of this before his re-assessment later this week.

I would be extremely disappointed if no changes were made to the replacement models. this cannot be allowed. not without so much as an explanation as to why those models were chosen...