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

We should be given the option to keep our current laptop. We can pay a small fee for shipping.

 

Just curious... why do you think keeping your defective machine should be an option if you are receiving a replacement? Is it because the replacement is not of like kind and value, or some other reason? Conceptually, nobody has a right to keep a computer that is being replaced in a settlement.

One important thing some people may not have considered is the amount of money NVIDIA offered to pony up as a compromise settlement may not go far enough if the settlement administrators start providing machines that cost twice as much as the intended mickey mouse replacement machines do, so there could be a bunch of claimants left hanging to flutter in the wind when the money well runs dry before all the claims are processed. Since this matter was settled as a freewill gesture by NVIDIA without a trial, NVIDIA cannot be compelled to do anything more than what counsel representing the class members has agreed to let them do. The real problem here rests with the unwise decisions of counsel representing the class members, not with NVIDIA.

I think we should be prepared to be disappointed. It should not take this long to make a decision to do the right thing for the settlement beneficiaries. Consider for a moment that renegotiating for different (better) machines is essentially an admission of inadequate representation and bad judgment on the part of counsel representing the class members, not underhandedness on the part of NVIDIA. Freeing up a couple million of the $13 million the class attorneys are expecting to be paid would be a good compromise on their part to avoid liability for inadequate representation and/or deficient administration of the claims.

Re-read the last part of Ted Frank's January 13 letter to Milberg, LLP.

 

More than 2 weeks gone after Jan 18 specified in the letter.

There is a post in this thread, the website is not up to date and will be updated in couple of days. No claims will get approved until then. Nothing happened.

I was hoping we will be informed some thing in the letters sent by settlement administrator. Looks like there is none.

So I think, every thing is settled. We should be prepared for the worst. Or what other options do we have. Any how I have a dv2000 only not a tablet.

 

How can settlement administrators know you have a defected computer that you have purchased. Also what else we do with a defective computer. I would be very happy if they allowed me to keep my hard disk.

 

Sounds like you and I are among those with a machine that the CQ50 is actually a similar replacement for. I hope this process speeds up, as my wife's dv6449 is really giving us a lot of problems. Any time we shut it off we have a hard time getting the display to come back on, so we are just leaving it plugged in and turned on 24/7. We've been doing so for months.

It overheated and shut down once a couple of weeks ago, and that corrupted the OS installation enough that the machine would not boot and a Windows repair would not bring it back. I had to reinstall.

03/20/2011 Edit: After further research if have discovered that neither the CQ50 nor the CQ56 is a satisfactory replacement for my wife's defective dv6449. They lack too many features to be a like or similar kind replacement, the CPU is not a dual core and a sub-$400 budget model is not equal or similar in value to our $800 dv6449. While the dv6449 is much older, it would still outperform the CQ56 and do many things the CQ56 cannot do. NVIDIA needs to "provide a new replacement computer of like or similar kind AND equal or similar value to the consumer at NVIDIA’s expense." The current offering doesn't accomplish that.

 

YES.

Not only I have a dv22xxus which is similar to you and also the problems. to the end the fan is gone (my god, it is silent after that). I was even skipping updates for a long long time, and not even logged in as administrator.
It was my mistake to click on ok for updates after I installed skype for my wife and windows failed to perform an update and failed to start again. I tried many times to restore and was not successful as reboot was never reliable for more than a year.

 

It's fine if you want to accept CQ50 and move on, but why spread unconfirmed rumor about the fund drying up? As far as I know, that is NOT how accounting reserves work.

* NVIDIA's reserve fund is NOT a fixed amount, like that $2M cash reimbursement fund.

* NVIDIA's accountants looked at the total number of possible claimants and assumed a certain percentage of people will submit their claims; accountants then came up with $300M+ amount.

* Did you know that NVIDIA initially set aside $190M+ in the reserve, then had to increase it later to $300M+?

What this simply means is that NVIDIA:

1. MUST follow the final settlement language approved by both parties and the court;
2. MUST add to the reserve fund if the total cost of repair/replacement expenses exceed $300M+
3. DOES NOT have any financial liability caps inserted in the final settlement language to limit their financial exposure, regarding the repair/replacement program

Again, it is NVIDIA and the plaintiff' counsel(s) best interest to abide by the final settlement language that calls which is "...to provide a new replacement computer of like or similar kind AND equal or similar value to the consumer at NVIDIA’s expense."

 

Your point assumes that plaintiff counsel had the sole responsibility for the "...to provide a new replacement computer of like or similar kind AND equal or similar value to the consumer at NVIDIA’s expense." statement.

Yes, Millber & Co initially created and sent as as part of the class action notice, BUT both NVIDIA and plaintiff attorneys signed it off as part of the final settlement agreement.

That means NVIDIA has just as much responsibility as Millberg & Co to fulfill the judge's decree.

 

You misconstrued what I wrote.

The primary settlement language that was used to attract HP class members into the litigation, keep them during the litigation was:

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

CQ50 and ASUS replacements were NOT part of the final settlement language. These came after the date to object the final settlement language.

The bottom line is that CQ50 or ASUS replacement language IS NOT written in stone.

 

I created a separate thread:

http://forum.notebookreview.com/hp-...lass-action-what-do-you-have.html#post7140314

The purpose of that thread is to identify what people have vs. what they will receive (as of now) without cluttering up this thread.

It would be great if you can complete them as soon as possible.

Reach out to all your friends/neighbors who may have affected HP models too

 

I have followed this thread from day one and I know how most of you feel.
I have read the settlement and I have not found any written language to the effect of (prorated Value) or (Depreciated Value) or anything similar.
I am pretty sure that this should be in writing and not assumed, after all this is a legal binding document. I believe that if it is not in the Settlement Document it cannot be assumed or implemented. If anybody would care to refute or offer a Differing opinion I would love to hear from ya.

Shasta

 

I think it would be borderline silly to risk getting a replacement laptop for a 3 year old 2.5" hard drive that can be had for $20 bucks.

If you want to keep it, then pick up a used one (even non working ones) at ebay or craigslist and swap it out.

 

Not at all. I do not want any data to be last. If there is any risk I will not do that. I have a 2TB external and 500G portable hard drives and some more GB in other computer.

Any how I am planning to recover the data with a linux live cd to night , I am lucky enough to boot

 

i humbly request that no one send anything anywhere until we hear back from mr. Frank tomorrow. im going to give milberg a call today and the 877 number to check up on things as well. will post any news that i get....if there is any.

 

I got my replacement letter today. It also says to take computer to fedex and they will package and send. There is a barcode on the letter for FedEx to scan for the shipping and an RMA#.
NO MENTION OF WHAT THE REPLACEMENT WILL BE!!! - just that I am authorized to get a new computer in exchange for the old. I am going to call the 1-877-440-7557 number and see if I can find out anything. (Not going to accept CQ-50 for DV9420US!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Person at 877 number just said check website often as it is supposed to be updated soon....blah blah blah... and still we wait for an answer...

 

Lets all start calling Milburg
1-877-692-1965
213.617.1200

 

I appreciate your interest. I will not be sending it soon, I did not event got my replacement letter.

 

my conversation with a different associate of milberg today:

that was about it. just another run around story, and that seems to be all we are going to get for now.

 

Hmmm...... I live 50 miles from the nearest Fedex hub. what do i do? Hope i won't have to drive that far to get it shipped.

 

I think you have to take it in because they need to scan the barcode to get the info for it.

 

this is my EXACT problem too. i mean my lappy works, why downgrade? granted it still has many faults, but even with them it is better than the ASUS. but i am also afraid that it will crap out the DAY after the deadline...just you watch. lol.

 

I've been lurking on this forum for a while, specifically interested in this thread because I have one of the defective laptops, an HP TX1000. I haven't filled out a claim yet for two reasons: 1) I'm waiting for the final word on what replacement I'll get; and 2) I'm not sure if I qualify to submit a claim. I bought my laptop in March 2008, so it is within the timeframe for the defective tx1000 series. In December of 2008, I had to have my laptop fixed (motherboard replaced; not sure what if anything else was) because it was experiencing the infamous disappearing wireless card problem so I couldn't connect to the internet. It was fixed for free because it was still under warranty. Since then, I have not had any problems connecting to the internet. I am not sure if it is fixed permanently or if it will break down again. Is it possible that the defective nVidia chip was replaced with a non-defective one when it was repaired in December 2008? I have read other posts where people who had a tx1000 had it repaired, only to experience the problems again. From what I've heard the tx1000's cannot be fixed, which would make sense, given the fact that the tx1000's are being replaced and not repaired. Is that true? I don't want to send in my laptop and have it sent back (at my cost) because it's been fixed for good. On the other hand, I am experiencing problems with my tx1000 right now, not sure if these are nVidia related or not: when I have the power setting on "high performance" it gets extremely hot and within a few minutes shuts down. Graphics-intensive games I used to play with no problem, like The Sims 3, I can't play anymore because less than 10 minutes into the game my laptop completely shuts off. I usually keep my laptop on at all times (I shut it and it automatically goes into "sleep" mode), but lately when I leave it like that all night and come back to it the next day, I find that it has turned itself off which it never used to do. What's more, sometimes when I turn it on all I get is a black screen so I have to turn it on and off a few times--it doesn't do that all the time, though. The "power-saving" setting performs okay for less intensive tasks, like word-processing, internet, etc. but it's not acceptable, in my opinion, that I can't play games or watch videos in optimal settings on this $1200 "entertainment" pc.

 

Yes…your TX series notebook qualifies. It is within the production window and is exhibiting at least one of the required criteria. Criteria as follows:

- Distorted or scrambled video on the notebook computer screen
- No video on the computer screen even when the notebook computer is on
- Random characters or garbled images on the notebook computer screen
- Intermittent video failure
- Failure to detect the wireless adapter or failure to detect wireless network

Unfortunately, from what you've posted as symptoms, I’d guess your unit is rapidly approaching toast.

...and welcome to NBR

 

Sent in my F500 today. Hopefully things will end up better than expected.

 

Did you send the charger? Mine just says to send the laptop.

Never mind just sent mine in without it.

 

So i guess the choice for me is also, accept the crappy asus netbook tablet, or stick with my tx1320us without wifi, and also chance of gpu dying again really soon (already had motherboard replace once under warranty).

Does anyone think we have a shot if we take HP to small claims court for failing to live up to the settlement term of providing a "like kind or equal value" replacement?

 

HP is not part of the settlement!

 

Ok then sue NVidia instead.

 

If you're part of this class action settlement, then it pretty much counts as already suing NVidia.
Basically, you should have opted out before the deadline if you wanted to sue NVidia on your own, but of course none of us knew back then we'd be screwed on this settlement.

 

There may be a littlest, remote chance you *may* be able to do that in the distant future, but I would say that is most unlikely to happen.

There is simply not enough time to start forking into different actions now.

I bet you that is exactly what these lawyers are aiming for, that we will get tired of the process, simply give up and accept whatever crap they dish out.

All we want is a fair and equitable replacement notebook *these lawyers* informed that we will be receiving, from the beginning, during and at the end of the class action litigation process:

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

If you haven't already, please complete your detailed specs in this thread

Time is running out for us. Please stay focused.

 

Not that I really want another HP, but the settlement did actually state:

"The replacement HP notebook computer will be of similar kind and value as their eligible malfunctioning notebook computer." (page 20 of Document259, filed 10/15/10)

According to this wording, shouldn't the replacement be an HP? The only reason I think this might be a good thing (for tablet owners) is that as far as I can tell, HP does not have any netbook tablets. The cheapest new HP tablet right now sells for $800 and has a lot better specs than the Asus.

Also, I just called the settlement help line and was assured that we DO NOT need to send our hard drives. He also said I can remove any upgraded hardware, but didn't know if it would be okay to not put the original hardware back (e.g. not sure if I still have the original RAM). Hopefully they won't go back on this later.

 

Are you completely sure they said we may keep our hard drives? I don't want to risk sending in my computer and have it disqualified for being incomplete or something.

 

Well it's getting late in the afternoon on the date that Mr Frank said he would be reevaluating the replacement options- hopefully they are having a long talk about all of the wonderful, equal replacements we will be receiving lol!

 

Yeah, good luck with that. Bottom line is that the lawyers already got their money, NVIDIA is already free of further litigation from class action members and I highly doubt things will change much. If we keep it all tied up in court, it might be years before we hear anything on replacements, and I'm pretty sure we're all tired of waiting by now.

Don't get your hopes up is my advice.

 

All I know is that the guy I talked to at the helpdesk seemed pretty sure that we could keep our hard drives. But I am concerned too... Maybe we should all request that they put that in writing before sending in our computers?

Another idea... I have a model where you can take out the dvd drive and put a spacekeeper in there. Has anyone thought about putting that in and keeping the dvd drive (because whatever we get as a replacement isn't likely to have one)? Technically, it is an oem part...

 

Sarcasm.. sheesh

 

tieing up in the court could cost Nvidia more money than is needed for this settlement. are we supposed to roll over and let them break the terms of the settlement agreement? we HAVE been waiting years. so what. a little more time is not going to hurt.

stop crushing our hopes is my advice.

 

Thank you for saying that. I don't see why anyone is telling us to just take the inferior replacements and be grateful for getting anything at all. Because I'm not grateful to pay 1200 dollars for a piece of crap computer and receive a subpar replacement three years later.
Like you said, we've waited this long, we can wait a little longer to fight for our money's worth.

 

Site Updated!

Site Updated!!

Site Updated!!!

It is CQ56 in place of CQ50. No mention of any differences between the models you have on the home page.

FAQ says as follows

"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 CQ56 computer."

Still a disappointment for tablet guyz.

CQ56 may be at least newer version than CQ50.

 

doesn't look a whole lot different from the CQ50... Depending on the specific model, prices run from $388 - $440 at a reputable store. Up to $701 if you go to eBay (!?) or get it from England (!!??) I used the Google Shopping link.

Reviewed as "a bit underpowered.....a good value for shoppers on a tight budget." Doesn't seem to be as universally despised as the CQ50, though.

Still only 1/4 of the value of my dv9200 when it was new. And a downgrade from the 17" screen and 7200 RPM HDD.

 

One more important update is

"If you attempted to file a Replacement Claim between January 10 and January 22 and you were deemed ineligible, you are encouraged to submit your claim again"

 

Yes, All compaq models are cheaper (lower quality), which is one of the main reason we paid more for a similar specs for HP model. Now Nvida is finding most cost effective solution. I know there is no model which is priced less than compaq. Still didn't understand why EEPC is selected for a Tablet.

 

They Have to be Joking Right?

Another huge downgrade

Another huge Disappointment I half expected more.

Milburg=Ineffective Council

 

oh great. so us TX customers still get ripped off...

this cant be over. . .

 

So, I wonder which model out of the 15?

Compaq Presario CQ56-200 Notebook PC series

» Compaq Presario CQ56-219WM Notebook PC
» Compaq Presario CQ56-240CA Notebook PC
» Compaq Presario CQ56z-200 CTO Notebook PC


Compaq Presario CQ56-100 Notebook PC series
» Compaq Presario CQ56-100XX Notebook PC
» Compaq Presario CQ56-104CA Notebook PC
» Compaq Presario CQ56-109WM Notebook PC
» Compaq Presario CQ56-110US Notebook PC
» Compaq Presario CQ56-112NR Notebook PC
» Compaq Presario CQ56-115DX Notebook PC
» Compaq Presario CQ56-122NR Notebook PC
» Compaq Presario CQ56-124CA Notebook PC
» Compaq Presario CQ56-129NR Notebook PC
» Compaq Presario CQ56-134CA Notebook PC
» Compaq Presario CQ56-148CA Notebook PC
» Compaq Presario CQ56-154CA Notebook PC

I might consider these if they gave me two or three of them! Ha!

 

CQ56-115DX Specs:

Hardware
Product Name CQ56-115DX
Product Number XG809UA#ABA
Microprocessor 2.30GHz AMD V-Series Processor for Notebook PCs V140
Memory 2GB DDR3 System Memory (2 DIMM)
Video Graphics ATI Mobility Radeon HD 4250 Graphics
Video Memory Up to 893MB
Hard Drive 250GB (5400RPM)
Multimedia Drive SuperMulti 8X DVD±R/RW with Double Layer Support
Display 15.6" diagonal High-Definition HP BrightView LED Display (1366 x 768)
Network Card Integrated 10/100 Ethernet LAN
Wireless Connectivity

* 802.11b/g/n WLAN

Keyboard 101-key compatible with full-size keyboard with One touch launch keys and Action keys
Pointing Device Touch Pad with integrated On/Off button and 2-way scroll pad support
Other Devices

* integrated microphone

Dimensions 14.72"(W)x 9.70"(D)x 1.29"(min H)/1.49" (max H)
Security

* Kensington MicroSaver lock slot
* Power-on password
* Accepts 3rd party security lock devices

Power

* 65W AC Adapter
* 6-Cell 47WHr Lithium-Ion Battery

What's In The Box: JUNK