Welcome
** UPDATE: May 2, 2011 15:06 **
- WE LOST. Please check for more info here. What now?
I will have more detailed info later today.Go here and let me know if you want to participate.
It has been 35 days since the March 28, 2011 hearing.
You have 76 days until July 18, 2011 deadline
Please note that FORUM section is now open! Please leave comments there so that others can quickly find the necessary info (click on the FORUM tab above)
I know it seems like its taking a long time but please remember that judges are handling numerous class action suits, all requiring equal scrutiny. In my opinion, it is COMFORTING to know that Judge Ware is taking his time to review all facts and truths because that is EXACTLY what we want.
- I would also like to remind everyone that it was Judge Ware who mandated the following when NVIDIA wanted to accept sales receipts only:
“…to read as follows: “Proof of Purchase” means one or more of the following documents, which demonstrates that a member of the Settlement Class purchased a Class Computer: a sales receipt, a credit card or other account statement, a shipping manifest, a purchase order, proof of registration, or such other documentation that the Administrator deems sufficiently reliable to demonstrate that one of the specified models was purchased in the specified date range…”
I think this was a fair indication that Judge Ware wanted to protect the Class members.
- On a side note, if you have received a claim approval letter, please RE-CHECK the date to send back your computer. The July18th date is the “MUST RECEIVE BY” date, meaning you need to allow sufficient transit time so that the settlement administrator will have your computer by the deadline.
- Most HP Class members are waiting for Judge Ware’s decision before mailing in their notebooks/tablets as sending them in now may potentially limit their rights to enhanced computers.
I created a sample HP Replacement Product Guide, using my common sense understanding of “similar in kind and value”. Please read it and let me know if I am being fair with my assumptions (check the REFERENCE tab above, or click here)
We have collected over 350+ online declarations from people who expressed various degrees of frustration, anger and outrage at NVIDIA and Milberg’s conduct. What is most impressive is the fact that these 350+ declarations were collected purely based on a word of mouth and organic search engine results. Jeff Westerman and NVIDIA may laugh at us and characterize us as a “tiny minority” but we beg to differ. We certainly hope that some type of legal actions or sanctions will be brought upon these firms and individuals in the near future regardless of Judge Ware’s decision.
Join the forum discussion on this post 
{ 529 comments }
The settlement provides for “… A Replacement notebook computer similar in kind and value if you purchased a version of certain models of notebook computers manufactured by HP containing one of the NVIDIA chips…” and three notices were sent out proclaiming exactly that.
It is very suspicious that a fourth notice was not sent out announcing plans to “upgrade” class members from a CQ50 to a CQ56, and the opportunity for HP tablet owners to choose a CQ56 in lieu of an Asus netbook. That was a step in the right direction, if not an outright admission of settlement breach, but still a far cry from compliance. It is even more suspicious that Milberg and NVIDIA are using new verbiage as a substitute to actual settlement language in response to Ted Frank’s motion for the court to compel enforcement of the settlement provisions and cure the breach.
As I mentioned in an earlier post, it smells a lot like feces.
Hopefully, Judge Ware will order compliance on March 28 and find the actions of Milberg and NVIDIA constitutes a breach. It would be an added bonus if Judge Ware finds their actions to be in contempt and spells out exactly what steps they are required to take so nothing is left to whims of the settlement administrator’s indiscretion. Hopefully, an updated notice will go out to inform all class members of the results to the March 28 hearing.
If Judge Ware steps up to protect the class against this breach, it will be interesting to see what kind of extended time delays class members can expect while NVIDIA and Milberg develop a new approach to fulfilling the terms of settlement. It will also be interesting to see what their new approach looks like. Only time will tell if that is something we should be happy or angry about.
If Judge Ware does not extend the claim filing period for those that did not make the deadline, then there will be far fewer claims to deal with and it would be super great if one of the settlement options is a full refund for those that submitted a purchase receipt as claim documentation. With as few claims as what has been filed, refunds probably will not cost NVIDIA anywhere nearly as much money as what the original projections were for the number of claims anticipated. This is probably an overzealous wish on our part. But, if I am having to muster up a degree of optimism for what may come next in the debacle, it may as well be something worthy of my optimism.
Hello, i never recieved a claim form and need to know how to request a form. I purchased one of the affected computer (dv2000) but have not received anything regarding the class action suit or replacement information. How do I receive the form?
Thank you
@mudo-
claim filing period expired on march 14th. your best chance is that Judge Ware will extend it (decision is pending)
Hello,
I have an affected HP laptop. I did not file a claim within March. 14 since my ‘repaired’ laptop was working fine till then.
It died on me with the same usual symptoms a couple of days later.
Is there anything I can do? Are there any hopes to get in line for a replacement claim at this stage?
Thanks in advance for any help/ suggestions.
bimbla.
I am in the exact position as you are. Dead computer-two weeks too late. Please let me know if we have a leg to stand on and what we can do.
I suggest that you retain legal council. If you didn’t “opt out” at any point there was a precedent set by the class action suit. A good attorny can take that and your old machine (which died giving the same symptoms of the class complaint) and run with it.
At least, I suppose thats how it could work.
Don’t forget that during the first two weeks of the claims period the settlement administrator was unable to processes claims for the tx1xxx models online and have no explanation as to why. They are unwilling to make concessions to extend two weeks beyond, making it appear to me they have not been in compliance yet again with the terms of the court order.
I had emailed jwesterman@milberg.com last tuesday the message below, I waited till today and still got no reply at all. I guess I didn’t think that they would have much to say but I wanted to express my unhappiness…
To whom it may concern,
I am writing in reference to the Nvidia settlement and how the wording on the web site has changed many times and how was originally “similar in kind and value” and then was tricked and re-worded into “similar kind or value” Those two statments have two very differerent meanings, Example, Tomorrow we are going to the beach and the city…, compared to, Tomorrow we are going to the beach or the city.
I am definitly not a lawyer but I can not understand how it is legal to change a written agreement filed in court and signed by a judge, and I have called the 1800# and spoke to the hotline people and they claim the laptops are models that are court ordered. This cant be true because the asus model has changed about 3 times and the cq50 turned into cq56, so its entirely possible for the cq56 to be moved up to a laptop level that it is replacing and not taking a step back.
I myself and my sister both bought HP laptops about the same time and they both died less then 2 years old. Almost $1500 spent on both. I have a compaq presario and she has the pavillion 6200 series. Now we dont even have the option for the asus (not that we want a 10″ screen tiny thing anyways) however I have used the CQ56-115DX at best buy and a local electronics store and yes it is similar in kind as it is a laptop but NOT in value and actually less then what we had on many levels…. period.
I know I’m not the only one who feels as if we are getting the short end of the stick with this all, your firm clearly made sufficient money and were certainly happy for the outcome, most of the educated class members though feels we have been forced to settle for 3rd best.
Thanks for your time and response, Jim…
Thanks for sending the letter. I’m so unhappy the way this turned out. They expect me to settle for a $250 computer when I paid more than $1,000 for mine, and I could never use it because it was always giving me troubles; therefore, I sent it to the shop a number of times. They were never able to fix the problem.
I also paid over $1,000 for my junk Laptop. I have received the notice to send my junk laptop in for replacment. But it is a slap in the face to settle for a laptop that isn’t comparable to what I had paid for.
How can this be legal?
I have had luck getting a reply from Mr. Westerman when I ask for a response. Also, I have called the Milberg offices and requested him to call me.
@Jim, I think your definition of “kind” is too broad. If you go into Best Buy or Amazon, you’ll find all “kinds” of laptops. Amazon for example, has the following types of laptops: Everyday Use, Ultraportable, Gaming, Business, Student, and Entertainment and Multimedia. CNET uses the categories: Budget, Convertible, Desktop replacement, Gaming, Mid-size, Mobile thin client, Netbook, Rugged, Thin-and-light, Ultraportable, UMPC.
Most of us bought entertainment notebooks that were also either mid-size (e.g. yours) or desktop replacements (e.g. dv9000). CNET defines the CQ56 as a mid-size budget laptop. The CQ56 is the epitome of a budget laptop – no webcam, single core processor, no media card reader, limited USB ports, no express card, no firewire, no bluetooth, no remote control, no expansion port, no number pad, low resolution display, etc.). An entertainment PC and/or a desktop replacement would likely have most of the above features.
From CNET: “Desktop Replacement – These massive 17-inch and larger laptops are meant to literally replace your old desktop, monitor, and keyboard combination with a single device that can also be easily transported in a pinch. At a minimum, you’ll find an Intel Core 2 Duo CPU… The tradeoff is that these laptops tend to have very short battery life. Being big and heavy by definition, they’re unlikely to spend much time away from a wall socket, so PC makers opt for more powerful hardware rather than energy-saving designs. … With sizes nearing those of personal TV monitors, desktop replacement laptops make good hybrid entertainment centers for the den or dorm room, putting your computing, video, and music devices in a single box. ”
Clearly, the CQ56 is not a desktop replacement (no 17″ + display, no dual core processor, definitely not a “hybrid entertainment center”). The “experts” (Peddie and Bagherzadeh) clearly missed this “kind” distinction (among other things) when they evaluated our laptops and didn’t focus on factors that were important for each type of laptop (e.g. desktop replacement = fast processor, big screen, entertainment focused).
With that being said, I agree with you that these laptops are not of similar kind OR value. Last time I checked (3/6/2011), Best Buy sold the CQ56 for $329 while the cheapest non-refurbished 17″ laptop Best Buy sells costs $679. Obviously, prices will fluctuate over time, but I think this is very indicative of the dollar value associated with each laptop.
I didn’t even know there was anything else going on. I just got on now trying to find out how long it’ll take before I get a replacement. I already sent mine in. I had spent around $1500 for my laptop and wanted it for education not games. I certainly hope I don’t get some cheap computer. What am I suppose to do? Are they holding the ones sent in till this gets settled? Why didn’t I know about this? How is a person suppose to find out about this going on? Frustrating!
Isn’t this getting to the point where the news media would be interested in this story?
if you have any media contacts, send me an email: n v i d i a 4 1 1 (at) gmail (dot) com
Someon should try writing to the people at Consumerist.com. I did make an attempt, but my email was not that well crafted.
Have you tried contacting PCWorld to publish any of this information? Afterall, it is a huge PC related issue that affects thousands if not millions of PC consumers. They might be interested in this? At least it’s worth a try.One of the articles could be “On Your SIde” – onyourside@pcworld.com or their general email at letters@pcworld.com. I really do believe that this settlement issue needs to get some publicity in order to gain some leverage for the abused consumer side.
Try ‘On Our Side’ at pcworld.com. They publish problems concerning problems in the computer world.
After a nasty email to the board of directors at HP and Nvidia on Sunday evening, I received a phone on Wednesday from a HP Senior Sales lady, telling me that there is nothing HP could do about the lesser valued Compaq replacements, that this is all up to Nvidia, it is their decision. I also wrote my own letter to ‘On Our Side’.
Everyone affected by this unrespectable decision should send their own comments to OOS. The more they receive, the hotter this topic may get.
I emailed the judge in this case begging for enforcement as written and sanctions be levied for (IMO) intentional deviation from the settlement as written. Here’s the response I just received:
Dear Correspondent,
On December 20, 2010, the Court issued Final Approval for The NVIDIA
GPU Litigation. (See Docket Item No. 319.)
As this objection has been filed subsequent to the Court’s issuance
of Final Approval, the Court finds that Class Member’s objections should be
properly directed to the Claims Administrator of the Settlement or to
counsel for the respective parties.
(1) The Claims Administrator can be contacted at:
Rosenthal & Company LLC
75 Rowland Way, Suite 250
Novato, CA 94945
(2) Counsel for the respective parties can be contacted at:
Class Counsel: Defendants:
Jeff S. Westerman Robert P. Varian
Milberg LLP Orrick, Herrington &
Sutcliffe LLP
One California Plaza 405 Howard Street
300 S. Grand Avenue, Suite 3900 San Francisco, CA
94105
The Court has set a hearing on March 28, 2011 at 9:00 AM on the parties’
Motion to Enforce the Settlement.
You are welcome to appear should you wish to further object in person.
This settlement is a joke in my opinion, as usual the lawyers get theirs, the company skates and the end user gets the shaft!
…”the Court finds that Class Member’s objections should be
properly directed to the Claims Administrator of the Settlement “…
Kind of interesting that Rosenthal was telling people, that managed to get them on the phone, they weren’t set up to take complaints.
^ Jim
Although I do share your sentiment, I am not ready to give up hope that the justice will ultimately be served.
If you can, contact as many people as you can and hope that some media folks will bring some attention to it.
Thank you, I’m not giving up by any means, it ain’t over ’till it’s over!
So there is one question I’ve got. I just received the return paperwork. Do I send the laptop in or wait for the next hearing? Are they currently holding off on shipping the “replacements” until court is over?
I’d hate to send it in, get that POS that they’re currently pawning off only to be told later “sorry, you got your replacement so you’re not getting anything else”.
Just wondering what others are thinking on this…
Jim, I think the consensus is that people are waiting until after the hearing. As far as I know, no one has received a replacement as of yet, so it may be the case that they aren’t shipping any replacements until after the hearing on the 28th. Personally, I am waiting until after then. I also won’t be logging on to the site to chose my replacement model (the Asus or the CQ56) because I could see them coming back and saying “well you chose that model.” It’s less than a week so I would say wait it out.
I never even received an official class action notice, I only found out about it via a friend that also purchased a TX1000z. And, yes indeed, I did purchase an eligible computer and my claim has already been approved.
If other eligible purchases also never received notice of the class action, that could easily explain the low number of claims that have been submitted.
in the spring of 2007 i bought 2 laptops – one for myself and one for my daughter getting ready for law school in the fall. i paid about $2200 for both computers. i never received a notice of recall form nvidia. my computer died on dec. 10,2010 and i called hp. they never mentionned the class action but told me to send in my computer and for $399 they woould repair it. i told them i was not satisfied with their service and we would never buy an hp computer again. they didn’t seem to care. after the call i went on my new computer and searched and voila i found that there was a recall on my computer. the notice said they sent out notices to people in the class.i never received a notice by mail and my e-mail address had changed. hp defers all responsibility to nvidia but they could have least stepped up to the plate and notified all affected customers about the recall. my daughter is now a lawyer and says what is going on is against the law.
I was pissed from hearing about this I have th dv9700 model but mine code wasn’t part of this settlement it has the NVIDIA issues
Why the time limit?
If we have an eligible laptop that has failed, it should be replaced.
Some of us could have just got theirs repaired, so it will need some time to fail.
Only failed laptops are eligible. This itself is unfair. Top that with a time limit which makes it really bad.
I believe that you could have submitted a claim, if your laptop experienced any of the failed GPU symptoms in the past. It does not say your laptop has to currently be experiencing those systems. Hopefully, the Judge will rule in our favor, but if he doesn’t, you’re likely better of with your defective laptop than you are with the $299 CQ56.
I filed my claim at the last gun fire. Did telephone them and they received the claim timely, thank goodness, leaving me where I had hoped to be. This is NOT a situation where I want to be early.
Folks here should be aware, though, of what are called “refurbs”. I would much rather have even the currently designated replacement laptop, new, than ANY refurbished laptop. Yet it’s not clear to me that the court order would prohibit nVidia from sending out refurbs. If they tried I’d expect a firestorm to erupt . . . . but still it’s been clear for years that nVidia feels neither remorse nor regret regarding the fraud they perpetrated on us. The manufacturers, likewise, have never taken responsibility for cheating us. So we have to anticipate they all will do the absolute least for us they are permitted by the court to do. And I doubt the court has ever even heard of refurbs, so it would not occur to them to protect us and require NEW laptops be awarded.
Someon should try writing to the people at Consumerist.com. I did make an attempt, but my email was not that well crafted.
I filed timely, and sent the same online sales receipt as Jeffx – he was approved and I was denied stating I didn’t provide sufficient proof of purchase. HP receipt using an HP credit card. What more can you give them…..I now have a April 14th deadline to resubmit.
I am going to resubmit the same receipt.
I just mailed in my Pavillion dv9005us. I also am expecting a computer of like value and with the same or better hardware. I had a built in webcam, microphone, numeric keypad, and a large screen for watching movies and videos.
I ended up purchasing a laptop box for $23.00 from fedex. They didn’t even have the large size box for free, and were very uncooperative until I purchased a box. I just wanted to get it done. My computer hasn’t been able to hook up for close to a year now. A decent computer, same type and like value. may makeup for the hundreds of hours spent trying to get my computer to hookup, and the many people I paid to fix it with no results. Anything less than my old computer will not suffice.
I need to change my mailing address on the authorization form, there was no area to fix the address and I have moved since I originally applied. Does anyone know how to contact someone to change the return address?
from
http://blogs.wsj.com/deals/2011/03/24/dealpolitik-the-good-the-bad-and-the-ugly-of-class-actions/
“Back to the issue of lawyering, though, here is something else Frank complains about: The class action lawyers actually represent Frank’s clients too. So why are those lawyers fighting him? Why didn’t they say “we think the computer we negotiated is fine, but if there is an argument our clients should get more we will zealously argue for that too”?”
I would like to hear the Milberg’s firm’s answer to this.
Just a couple replies:
To CD: If you are not part of the class it might not be such a bad thing. You are free to take HP to small claims court. Other people have had success with this (getting as much as 75% of the purchase price). Do an internet search to get more info.
To Jeffs: If I were you I would call the admin and/or Mr. Westerman and try to get something in writing before sending in the same receipt. Just my opinion.
To Mike: I completely agree with this. I’m guessing that maybe Milberg is fighting us because if it the CQ56 and Asus were deemed unacceptable, it could be preceived as an admission of guilt. It would be like Milberg saying “you’re right, we didn’t do our job correctly.” Again, just my opinion.
I’m very dissapointed also. I received the approval letter today and I called to see what replacement computer they will offer me. It’s the Presario CQ56. POS! I spend over $900 on my enetertainment HP Pavillion dv6233se..special edition! I won’t settle for $380 (that’s how much the Compaq costs). If there is a declaration that I can sign or a referendum I’m gladly to join and sign. Hopefully will be millions and than Milberg and whoever is involved will pay for this!!!
For the administtrator of this great site:Get the other victims’ complaints out there, on Twitter, Myspace …because sooner or later CNN or MSNBC will find out!!!
Furthermore:
I called the Millberger lawfirm, to ask the same question, where did they get their specifications from?
Cory Hansome said that I should call the administrator website. I said I had already done that, and they don’t know where the information came from either.
Then he went on to say that it was provided by the experts.
My reply was that the asus website does not even have this model available. His reply was that they don’t have it available, but that this netbook and the specifications are legitimate and come from a legitimate source.
I asked if those were his assumptions or if this is the reply on behalf of the firm, and he corrected himslef and said that he “would think that the computer is just not available”.
I added that the only places you can find the specifications for this model are on here, on the forums and on the nvidia settlement website.
I also told him that being that they disclose information after the fact..(I could have opted out if they had told me these two computers are the only ones eligible for replacement, and not one similar in kind and value…), I had to be cautious.
He of course wrote my name and number and is going to get back to me…
For some reason my prior positig is gone. I called both the administrator number and the law firm inquiring about where they got the specifications for the Asus computer, since there is no where on the web I can find anything to corraborate it this is an actual computer or an inexistent netbook. The administrator rep said he did not know where that information came from, but for me to google it, I told him there was nothing there, other than on the forums.
Then I called Millberger, and you can see their reponse above this posting.
Thanks,
Imelda R
Why cant they replace with the same manufacture’s similar computer or offer to repair the non working computer.
What they are trying to do now is to replace and orange for an apple. Though both are fruits, both cant be compared.
The new declarations Frank admitted today are amazing, be sure to check out Center For Class Action Fairness if you haven’t today, I just decided to hop over there, and it’s good stuff!
I hope the hearing on Monday March 28, 2011 will make this a fair settlement. As it stands its not. My HP DV6119us notebook cost $700 at Circuit City some years ago! The new CQ56 replacement should be of equal value. With the years that have gone by that should be easy in the computer industry. Where did HP dig these UP! I bought a mid-grade HP notebook for the purpose of doing video editing with my then new Canon Camcorder DV500. I needed a 1394 port and some CPU horsepower. The replacement will NOT be able to replace the old defective unit as it lacks features and ‘some’ performance of my old DV6119us. Very sad.
I am no lawyer, I am a computer programmer and tech; with a college education. I tell the truth as I understand it; my professional opinion backed by 25 years of experience the notebooks just need to be upped a notch or two to be fair. This means all the normal ports – USB, 1394, RJ45, RJ11, Multimedia,… I have light-scribe in my defective HP the replacement does not. I have stereo mics the replacement does not. It is not an equal replacement that is the truth in my case! On top of all the trouble I have had with it makes HP really low on my list of manufacturers I trust! Word is out there on the street!
My Notebook was a nice mid-grade entertainment center notebook. The CQ56 is a computer but not of the type that folks bought with there hard earned money a few or so years ago.
What really bothers me is a notebook with a 15.6″ screen equal to mine can be had for really cheap now a days. That’s why I can’t believe HP would really call this fair, equal , whatever. I but a porsche and get a volkswagen as a replacement. Both have four wheels and are called cars but.
I really am trying to be fair. Like I said I ask that the replacements for the larger notebooks (HP DV… 15.6″, 17″) in my professional opinion should have all the features (which are pretty much standard in all but the lowest cost models today) to allow owners to use the replacement as such! No more, no less.
For testimony here is a customer review. The first review the popped up on Amazon.com. This person a few months ago bought the CQ56 from Best-Buy and posted a review to Amazon –
“After using it for about a week I became frustrated with the length of time it took to boot up and another while for your program to load. Once your program was loaded, it would run OK but I did not run more than three programs at once. It also seemed relatively easy to stress the processor. The system monitor would indicate processor usage was at near one hundred percent by merely installing a program. The battery life was respectable and the built in wireless worked very well. I found the keyboard and touch pad to be a bit odd but I quickly got used to how they worked.”
http://www.amazon.com/Compaq-Presario-CQ56-115DX-250GB-Laptop/dp/B0048IFW9Y
I ask the court to do some research please.
Thank You
What angers me the most is that I bought an HP product because I wanted an HP product, so can someone please explain to me why they think it’s acceptable to give me a Compaq? Honestly, that in and of itself is a rip off. I paid almost $800.00 for my computer and I’m going to get a crappy $300.00 replacement that isn’t even the same type or of the same quality as the one that I purchased? That’s bull! I bought a high end media oriented computer that was super nice in it’s time, and now I’m going to get a pile of junk that I’ll never use? Hardly fair…. If I would’ve known that’s what I was going to get in return I would’ve just kept my computer and had it repaired… but I’ve already sent mine in to have it replaced…. I’m just very bitter about all of this still…. And the wait is ridiculous….
I know exactly how you feel as I’m in the same boat having bought a $900 HP media laptop that died after about a year and a half.
To this website administrator:
On the “About” page of this website, there is a statement of the settlement ruling coming on December 20, 2011. This should be 2010. Thank you.
Thanks Jeremy!
Please send updates to me. I question whether or not the notification and administration of this class action has been appropriate, A collegue of mine has an affected HP TX1219us laptop. He paid to have the motherboard replaced. Of course, as to be expected, the computer has failed again, is not useable, and he asked me to look into it. We found out TODAY about the details of this class action and expiration of the settlement period.
I would like to clarify some vagueness of my true thoughts as written above. I said I have Light-Scribe in my defective HP DV6119us I am willing to concede this is a feature that some may or may not have so I would forgo that feature. I would take the replacement as it is if it had two features and one hardware change. First feature is a 1394 port. That’s pretty much standard today in all PC/Notebooks sold. Second a multimedia card reader; again very much a standard feature in all PC or Notebooks. The hardware change would be a dual core CPU. A single core bottle necks even systems four years ago. Now the screen size is tough. Most probably bought the 15.6″ model, but lets say 50/50 for the 15.6″ and 17″ notebooks. I would really be upset if my notebook had a 17″ screen. But mine has a 15.6″ screen. Guess there are no ~16.5″ models so that’s tough or is it? How tough would it be to offer 3 or 4 models to offer consumers. And those models today would still be low end but a fair deal. The Compaq is (or close to) the cheapest 15.6″ notebook available from HP. Does not take a lawyer to see that mistake and mis-justice to consumers.
I ask that anyone take your HP into BestBuy and ask for one that’s equal in value today. You would walk out with a notebook costing $50 more than the one being offered in the settlement.
BTW NO! the notebooks are not at the end of their service life for those who have no problems. There is nothing stopping a notebook from working ten or more years. That’s a fact! Who ever is saying otherwise is misleading the court and have absolutely wrecked any fairness in this case!!!! Notebooks have more power saving features these features shut hardware down when not needed. This saves wear and prolongs the hard-drives life. The hard drive in most HPs are rated for 50,000 hours MTBF. If folks left there PCs on 24 hours a day for the last 5 years that number would be coming up. However you must use your notebook or the system will shut down the hard-drive. So I would be on average most have about 20,000 hours of use on their Notebooks and they are only technically halfway through their useful service lives.
I have/had the same laptop as you, James, and I had the same gripes regarding the processor, LightScribe DVD drive, media card reader, etc. I called the settlement administrator, who, of course, would not comment on the choice of replacement computer, and e-mails to Milberg receive no response. Seems these lawyers are just exemplifying why people hate attorneys so much and view them all as crooks.
Your pretty far off on how long a laptop should last. I do IT for a living and 3-5 years is max service life for a laptop. There has yet to be a laptop that is built well enough to dissipate the heat well.
To honestly believe a laptop should last 10+ years is a pipe dream.
How can those who missed this deadline for several reasons plausible and possible, push for an extension? Which I think should definitely be given
I think you guys (nvidia) should open this settlement info page on facebook it’s easier to get people and spread the word around that way.
PEOPLE…ANYONE? ANY IDEA?
Our only chance of getting the extension is for Judge Ware to decide in our favor.
how do we contact Judge Ware?
@susan
all contact info are available here
The processor in the CQ56 has very little Level 1 and Level 2 cache, which is why its so slow.
What ???
If Millberg and NVIDIA believe that everyone is happy with the settlement then tell Judge Ware just to take a look at this site., and others…and tell Millberg and his cronies that too ! How on earth can they make that claim ??
They just want to protect the balance of the settlement payment from NVIDIA and get rich on us…surely he can see through that ?
Does Judge Ware understand how many millions Millberg will make if they settle on their proposal ? Way over a resonable fee for the task, which they have so far carried out totally unprofessionally. They should be barred from operation based on this scandal….it’s a disgrace !!
I am so tired of waitng for the right thing to have happened I went out and got an IPad from Verizon’s clear out of the Gen 1.’s .Whatever junk I end up with from the settlement will go straight to EBay….or I will give it to one of my kids to play with ….like a toy Laptop….and it wont matter if the worthless thing gets trashed in the process !
NEVER., NEVER, NEVER ever again HP or NVIDIA Products !!! ( NVIDIA in IPad ?…whoops hope not )
Last but not least….thank you Ted Frank and the team for all your efforts so far….you guys are shining examples for the principle of fairness and I feel disgusted at the way Millberg is treating you.
I guess we wait for the ruling. Regardless of outcome, many thanks to you guys and Ted’s group for the effort.
Judges can be busy which is likely why the Judge admitted he hadn’t had time yet to read all the papers yet. I wouldnt read to much into it. In fairness 10 minutes for each side to discuss this issue is barely enough time to fully discuss the issue at hand or look at all the facts. If the Judges main concern was as you stated to ensure that the experts were neutral (thats should be easy to deduce from paperwork look at how they were hired, who they are, their work contract, what was their scope of work, who did they interacted with, to be neutral they would have to have had very limited interaction with all parties involved in paying them now and in the past or future). As for the computer selection process being adversarial, which it appears not to have been, since Milberg kept changing the selection of the computer throughout the claim period Im not sure that we should be overly worried. The selection process was by all accounts very one sided. Seriously the CQ56 is the cheapest laptop around, theres no way its comparable by any high end laptop. I guess what is lost is the chance to ask the hard questions. The Judge may have been more interested in what Milberg and NVIDIA had to say anyway, as he was likely assessing their character. Did they represent the class as you would expect, or was their work sloppy! Once the Judge reads the documents I am sure that he will see that the class has not been adequately represented by Milberg. Worse case scenario the Judge leaves things as is, does nothing and it will highlight the need for reforming the legal system and consumer protection laws, which may not be a bad thing it will just take longer.
If they are set on ASUS I suggest an alternative for the tablet victims
That being:
ASUS Eee Slate EP121-1A010M 12.1-Inch Tablet PC
This would seem to be similar in kind and value.
I suppose that expecting anything of an equal cost to what I spent for my tx1320 would be dreaming but this would be an acceptable replacement even if the ASUS does not have all the features of the 1320.
Just putting in my 2cents
Thomas
My Presario wasn’t exactly top of the line in 2007 but it wasn’t bottom end either. I paid just shy of $700 for it. I did the fan bios upgrade as soon as it came out and always used a fan cooling base. I knew something was up after receiving information on an extended warranty for video and wifi issues.
At year 3 the video went out and I ended up using hot air to reflow the solder joints which bought me another year. As the class action settled the wifi went completely out. I could have worked around this by using a cheap wifi dongle but went through the process and dropped it off at Fedex a few weeks ago.
I assumed (yea I know) that I would get something at least vaguely similar to what I sent back.
The specs link then showed up on their website and I thought it was just incomplete so I did further research and was highly disappointed.
My old laptop had a s-video TV out which was very important to me.
FireWire port
media reader slot, also very important to me.
PCMCIA slot
Stereo mics
fax modem
How is the CQ56 even close to what I had? I wish I never sent my laptop out now.
Where did they find this CQ56? Did they know all along they would eventual lose and have to pay so they had these antiques produced? A time machine? I feel bad for those that spent big bucks on a high end machine. This would be like Toyota replacing a fully loaded 2007 Camry with a new base model Corolla with crank windows, manual trans and no A/C.
Needless to say, if I get a CQ56 it will be sold or given away. I was in Staples today and found a deal too good to pass up. A Toshiba L655-S5155 with a nice specs list. P6200 Dual core processor, 500 gb HD, 4 gb ram, media slot, web cam, HDMI output etc. It was $379.00 and more on par with what I had.
I tried filing my claim three times in the first two days the claim period opened. It did not work. I called the support line, they were closed. I left the country, have just returned, only to find the claim period is closed and there’s nothing I can do about it. That cannot be fair! I tried filing for my hp tx three times with no success. Why has the period closed so soon? Will we have another chance to file after the 28th? My co-worker also brought the same make/model and moved since purchase. She was never notified (even though HP had her email address and could have sent the notice electronically) and just learned of this settlement last week. Someone please tell the judge that we desperately need to extend the claim period and upgrade the systems being offered as replacement. My system, fully-loaded, cost $1200 brand new!
Incidentally, why do I remember a July date originally being offered as the last time to file your claim? Did that change somewhere along the way along with the computer being offered?
My thanks to Mr. Frank for trying to do the right thing.
I have a question for this group:
If Judge Ware does the wrong thing, will an appeal of his decision be possible?
Many thanks to Ted Frank and his team for trying to stand up for us! Does anyone know how soon Judge Ware will be making a decision or when more information might be available?
Thanks!
Thanks for all the efforts, irrespective of the outcome!
It would be easy for the judge to see if the replacement laptops are fair – have him ask the lawyers to give up their current laptops for the replacement laptops and see what they say. I’m 100% sure that all of the lawyers would say “That’s not fair!!” and the judge would have his answer.
I already sent mine in for replacement as this shouldn’t matter if they change the terms and offer more models. They’ll just have to contact us with the new choices and let us pick from them. Mine was only a 14″ screen so that is one upgrade of the CQ50 but the rest of the specs are less, and I agree with the various “extras” missing such as the memory card reader and webcam. Also if they do send Refurb we will all be further disappointed so hopefully this won’t be another hurdle we have to overcome.
Thank you Mr Frank, and I hope the judge at least gives us a split decision. I would consider a victory if the claim period remained closed for new claims, and at least a HP dual core, entertainment laptop be designated to those of us who bought them. As far as NVIDIA goes I will make it a point to always avoid them, and future class actions need to see what Milberg LLP did NOT do for those of us they were supposed to represent.
It’s not a victory for those of us who missed this brief 2 month window for claim period and, just like you brought (and unlike you, would be stuck with) this piece of crap “technology!” Most of us had very valid reasons for missing the claim period like, we didn’t know anything about this lawsuit or we were assigned overseas (like Iraq) during the time and couldn’t even be bothered with such things as checking to see if a class action, which we had no actual part in would give us a replacement for a several hundred dollar machine that only lasted 1 yr! Not a victory for us!!!
It is also no victory (it’s pure theft) if you are required by the court to accept claims and you do not. During the first two weeks those of us with tx1xxx machines were denied claims even though they were required to accept them. They were made aware of the problem on day one and they did nothing to correct the problem for at least two weeks. It is also doubtful they notified any/most of the tx1xxx series owners as claimed. As far as I can tell Apple is the only company in this fight that has done right with it’s customers. I wonder what else these guys are hiding since they are pushing back so hard? Perhaps an SEC/FTC investigation a la Enron?
I also really appreciate the fact that we even have an open forum from which to meet up and talk. Because even if we can’t stop this instance of corporate abuse of consumers, maybe enough of us will get mad enough that stronger consumer protections can become part of the war cry for 2012.
These are the same businesses that say they need an even more open form of capitalism than we currently have.
I am sorry, this illustrates why too big to fail is killing us. Even if all of us stop buying HP and Nvidia, they are global businesses and therefore they just simply put more emphasis on business promotion in another part of the world for a few quarters. Once the dust blows over they haven’t lost a beat. So the ability to get product distributed into the channels becomes more important than quality – and that’s where we are.
So, although I hope they do the right thing, but the way our business environment has profit as the ultimate motive, I bet they are willing to take the minor temporary hit in brand image.
How can we streamline the process? Because this should have been cut and dry – even without admission of guilt. They should have had maybe maximum a 1 year depreciation for those who bought in the first 18 months and refunded us our money based on that result.
I personally like HP’s products and have clients that use HP, but I have to draw the line somewhere and if they (and of course Nvidia) don’t do the right thing, I, nor my clients will be going that route.
Thanks for listening.
I bought my HP Pavilion DV6000 in August of ’07, and began to have issues with it one year later. The customer care representatives at HP were courteous and responsive, and provided me with argueably the finest quality of service I have received from any company or organization. I recall feeling both confident and relieved when I hung up the phone with them, having been left with trusted assurances of remedy for a “minor issue”…all from a company I was beginning to respect highly for its communication and customer interface skills, qualities I tend to find only in rare instances.
Eighteen months later, in early 2010, and after being repaired four times for the same problem, I was informed by the same, courteous people, that my computer was now past the warranty period and no longer subject to free repairs. An estimate of $250 was given to me, with an explanation that this was a discounted rate in consideration of the issues I had experienced. I wrote the information down on the back page of the manual…already covered with scribbles from all the past repairs…and put everything in a box in the closet.
Such is total resignation. I threw up my hands, knowing that the only repair remedy left to me was, at best, one which I would have to use again and again. Looking back, I wonder how many times HP would have taken my $250 while performing the same repair operation, before someone somewhere would tell me I am a sucker who should just get another laptop.
They probably would have recommended another HP product.
NVIDIA made a faulty GPU unit. This is a fact, regardless of their denial. This fact, however, along with all the motions and misery that have come from it, matter little to me.
I bought an HP computer, and my beef is with HP. I had no opinion on where they sourced their plastic frames, and as far as I am concerned, they could have bought a GPU from a streetcorner merchant. The only thing I care about, as a customer of theirs, is that I purchased a product which works, and one which the company would stand behind.
Every time I see the HP logo, I will remember this experience. I will give advice to avoid their products to anyone who will listen. The image of a company, and a brand, are crafted continually by those who occupy the executive offices, and the actions of HP have tarnished their brand in the eyes of this consumer.
Without going into the collusion we all know exists in the judicial system, here are the things which need to happen regarding this matter:
Real and fair compensation to affected customers, arranged and guaranteed by the companies which sold them the products.
Federal and state criminal investigations into HP and similarly situated OEM’s for fraud.
Bar and judicial reviews regarding the actions of both class counsel and Judge Ware in this settlement process.
The real issue here is not the products, but the fact that any of this had to become so dramatic. Which it is. Shame on anyone, (in this case, everyone) who in this matter publicly dedicated themselves to providing quality products, service, and consumer protection.
I am reposting this comment, as I believe it is more appropriate for this discussion:
. I agree with a lot of people who are complaining about the replacement models. I am one of them, as at the time of purchase my HP Pavilion tx1000z CTO NB cost me: $1482.97 and that was with $300 discount coupon. My NB specs are:
- Genuine Windows Vista Ultimate (64-bit)
- AMD Turion(TM) 64 X2 Dual-Core Mobile Technology TL-64 (2.2 GHz, 512KB+512KB L2 Cache )
- 50% OFF 12.1″WXGA High-Def HP BrightView Widescreen Display(1280 x 800) w/Integrated Touch-screen!!
- 2GB DDR2 System Memory (2 Dimm)
- NVIDIA(R) GeForce(R) Go 6150
- HP Imprint Finish + Fingerprint Reader + Webcam + Microphone
- 802.11a/b/g/n (draft 802.11n) WLAN and Bluetooth
- 160GB 5400RPM !!
- LightScribe SuperMulti 8X DVD+/-RW with Double Layer Support
- 6 Cell Lithium Ion Battery
- Norton Internet Security(TM) 2007 – 15 Month Subscription
- Computrace LoJack for Laptops, Three Years
- System Recovery DVD with Genuine Windows Vista Ultimate (64-bit)
I do take into consideration that this laptop was purchased almost 4 years ago. Even so, I would still rather keep this Computer over the p.o.s.they are offering as the replacement!!! How is this fair in any way? No matter which way you look at it, HP customers are being robbed. Are there any ways possible that I (actual customer of the product) could express my disagreement with current negotiation terms before final hearing on March 28′th?
It is 29′th now, and unfortunately all my atempts at getting media interested in this case went unanswered. Or maybe they’ll notice this case after it is wayyyy to late and replacement laptops start breaking…from people throwing them out their appartment windows!!!
In case anyone has not seen it, there was a WSJ blog post written regarding the suit on March 24, 2011. It can be found here: http://blogs.wsj.com/deals/2011/03/24/dealpolitik-the-good-the-bad-and-the-ugly-of-class-actions/
So what happen’s now? Should I just send my “once kick-ass” laptop in for the Compaq “craptop”?
I had the same question.
First, if your laptop is sufficiently expensive, it might pay you to have your GPU reballed. You can Google “reballing” to learn about this high precision and difficult procedure. And again, unless your laptop is among the very most expensive, it’s probably not going to pay you.
Second, you can always have your laptop GPU reflowed. The problem with reflowing is the procedure stands up for only an indeterminate length of time.
Third, you can retain your laptop and just continue to replace the motherboard over the upcoming years. As you know, any “new” HP motherboard you buy will have the “bumpgate” problem.
Finally, if it’s an option for you:
Consider running Windows XP Pro instead of Vista or 7. XP makes less intense use of the GPU. Some people believe running XP will extend the GPU’s life a bit.
That’s all I have. Good luck!
When should we expect an update on this matter, and should we submit our claim to nvidia now or wait and see what happens with this new motion
claims period is over, unless the deadline gets miraculously extended by the judge’s decision. that is even assuming he will rule in our favor, which is looking bleak right now.
if you havent filed a claim, you are out of luck. it is just the people that HAVE filed a claim and have been approved that are waiting to send their laptop in.
When will we get a ruling? There must be a date for the judge to announce his decision. It wouldn’t be left in the air.
Well peeps…..
I agree that the replacement laptops they have offered are crappy..;..but then again….I had given up hope years ago about HP or anyone ever doing anything to re-imburse us TX1xxxx owners despite all our complaints.
If you decide to not send in your laptop for the replacement…..I can recommend a reliable Motherboard repair or replacement provider.
I got my TX1XXXX laptop fixed already a while back with HP for (which added extra 3 hundred something to the total cost of my laptop which was $1450), but I had the same wireless network adapter problem again few months back, I hope you are planning to suggest something else.
BEFORE I EVEN KNEW ABOUT OR RECEIVED A LETTER REGARDING THIS SETTLEMENT, I HAD TAKEN MY OWN ACTION AND FILED A COMPLAINT WITH THE BBB AND HP CORPORATE ABOUT THIS MATTER, TO NO SUPRISE EVERYONE AT HP DENIED THE CIRCUMSTANCES EVEN THOUGH I TOLD THEM THAT EVERYONE ONLINE WAS POSTING AND BLOGGING ABOUT THE SAME PROBLEM, THEY REFUSED TO HELP ME AT THE TIME AND NEVER ANSWERED MY COMPLAINT AT THE BBB. LIKE MOST OF US AFTER ALL THE STRESS AND DEAD ENDS I WAS FINALLY READY TO QUIT AND JUST GO OUT AND BUY A NEW LAPTOP. THEN CAME THE LETTER IN THE MAIL AND A SENSE OF JUSTICE FOR WHAT HAD HAPPENED. IT WAS THEN THAT I REALIZED IT WAS ALL WORTH IT, AND TODAY I AM WILLING TO CONTINUE TO WAIT AND SEE WHAT THE OUTCOME OF THIS MOTION WILL BE AND ILL CLING TO HOPE THAT ALL OF US GET A FAIR LAPTOP TO WHAT WE PAID FOR.
I was one of the first to purchase a HP trashx1000 (ops that was another era when Radio Shack sold computers) and I paid well over $1400! Although I am eager to get justice and a replacement for my paperweight, I was very sad to see what was being offered. I am glad that several have stood up against these shenanigans so hopefully we can get a compatible unit like what we originally paid for. Thanks for all your help!
Does anyone know how Dell systems are being handled? My Dell Vostro 1400 was working fine up until the first of March, at which time it began with the flaking video. I knew about the settlement website and proceeded to fax my info/claim form in on well before the deadline. I’m still waiting to see if it was approved. I’ve noticed from reading the previous posts on this site that the general concensus is this “settlement” is a pile of excrement.. I would tend to agree just based on the arbitrary March 14th deadline… How about people whose systems fail NOW and otherwise qualify??? They just get the shaft??? I got the impression that for HP/Compaq systems, the system would be replaced, but Dell systems would be repaired (new motherboard). I especially want a repair as my system has webcam/bluetooth, everything that Dell sold on that model…
I too am caught in this. I did send in a claim back in Feb. and has not gotten a reply. I have called the settlement service line and they tell me they got the claim, I even asked if my proof documentation was adequate
and still no response. I called again today and they took my e-mail address. Yes the laptop being offered is not comparable to what I have the entertainment notebook. I am very disappointed.
I got to know about this site (FairNvidiaSettlement.com)only a few days back. I mailed in my HP dv6113us (display went blank) immediately after I received a letter from nvidia settlement. I was happy that at least I am able to get back something. I used to have a s-video out on my pavilion but this replacement does not have any tv out (s-video/hdmi) except VGA which most of the TVs do not accept. I had a dual core but the replacement does not have one though it seems to be a faster CPU.
After seeing your March 29th, I am afraid I gave up my rights for a better replacement if it happens! All the best for the rest of you who did not claim for a replacement yet.
Any answer from the judge?
Jeff Westerman selectively answers his emails. I sent one email before the settlement which expressed my concern about Nvidia not admitting any wrongdoing. He responded to that email.
I sent multiple complaints about the replacement computers (both the CQ50 and the CQ56) and never received an email.
Then, I send an email suggesting a specific model that could be a fair replacement and I get an response.
I’m guessing the complaints get trashed and don’t make it to Milberg’s complaint list.
What response did you get when you suggested a fair replacement model? Thanks!
I’m not sure if I understand your question. Can you clarify?
Blogacomputer stated: “Then, I send an email suggesting a specific model that could be a fair replacement and I get an response.”
It sounded like Westerman replied to that e-mail (unless I read that statement wrong), so I was wondering what the response was. That’s all.
I just found this website today. I mailed my computer in already, and don’t understand how that means I could have given up my right if they change to better computers. I had no idea any of this was going on and thought I was just SOL. One more thing I read the approval letter that is posted above and it says that the last day for them to receive it is July 18th, not that July 18th is the last day to mail it in. Thanks for this website too. I have learned very much today.
Thanks for the clarification regarding “mail to” vs “receive by” date. I will look into it.
I really hope something comes out of this. When I first found out about the settlement occurring I couldn’t believe that there was a point in holding onto my 5 year-old broken v3015(It crapped out 3 days after warranty ended). But then I found out I’m getting a new computer that costs less than it did to replace my v3015s motherboard 2 years ago. $1000 dollars to ~$350 for a CQ56?
The other day I decided to check around on the internet if anyone else was feeling a tad bit frustrated. Thankfully, this site exists. The people at nvidiasettlement.com seemed to run things rather unprofessionally. Even before I had any major complaints about the replacement product it was extremely difficult to find an e-mail address or telephone number that didn’t have you talk to an automated system. Actually, at the risk of sounding stupid, I never figured out how to actually speak to someone at the litigation (using the information off of the settlement web site).
I sent my computer in 2 days after I got the approval (Feb 16). I’ve been waiting for half a year since I got the post card just to get a replacement computer back. I really hope that those who already submitted their machines don’t get excluded from possible revisions. The settlement website says nothing about potential revisions (yeah, why would it?), the website admins seem to have a little trouble understanding what deems significant enough to actually send out an update e-mail to the registered list, and lastly, if the end-user is getting screwed because we don’t read newsweek or USA-today religiously it certainly means that people are being treated unfairly while someone is profiting. (Apparently one of the people who commented was told by the settlement administration that he should have known about the settlement updates through a subscription service and the lack of update information on their part is not an excuse for not being updated with notification)
It would be nice if I would still have the option of getting a newer computer of equal value. I don’t think I’m entirely in the minority for sending in my computer while having no knowledge of current court dates.
Best of luck to you all!
You are not in the minority. I sent mine in rather quickly as well, as the instructions were worded in a manner that creates a sense of urgency. I have also filled out the declaration on this site. Hopefully we will have some recourse. I really appreciate what this site is doing, and Ted Frank as well.
I agree that the proposed replacement CQ50 and the ASUS are far inferior to what I bought and which was a nightmare to try to fix, not to mention days of lost productivity trying to find answers. I am glad that some people are standing up to the terms. The 350+ would be multiplied by 1000′s if more people knew that the process of reviewing the settlement terms had begun. You can make the number 351+ now, if they are still taking more “Declarations”.
I will never buy HP products again and can’t wait to tweet about it.
I just wanted to say this real quick and then we can go back to discussion.
I have two theories on how this all started….
Realy all of this started when Nvidia decided to save $200,000 dollars and purchased a cheaper SOLDER
If you have already sent your computer back, You have waived your right to an upgraded replacement, as you were only agreeing to the terms of the settlement. Once again it requires common sense, because that means the settlement as upheld by the court, not the settlement as they interpreted it.
If you have already sent your computer back, You have not waived your right to an upgraded replacement, as you were only agreeing to the terms of the settlement. Once again it requires common sense, because that means the settlement as upheld by the court, not the settlement as they interpreted it.
are you a lawyer? ted frank, who is an accomplished lawyer, already stated that the claim submission had 2 parts to it. the second part clearly states that if you mail your computer, you are waiving all rights.
Just for the record, I would hope that Judge Ware will reset all submissions and allow ALL HP Class to receive enhanced replacements.
But when you mail in your computer, especially if you know what is going on, not only are you waiving your rights, you are giving more ammunition to NVIDIA/Milberg that HP Class is happy with the proposed settlement.
Can’t have it both ways
A fair settlement would be a one time, one item purchase credit from HP.com for 75% of the original purchase price. This means you can buy a computer with no accessories, if you choose a $500.00 computer and you have $700 in credit, you loose $200.00, no option to add a printer or mouse or travel bag to use up your credit, but you can customize your computer with what ever you want even if you have to pay out of pocket for the final configuration.
Also I have not heard anyone talking about reimbursement for repairs. I filed my reimbursement claim, and have heard nothing.
what you are asking is to change the terms of the settlement and that is a sure fire way for nvidia to bust the existing, court approved settlement.
Admin,
When do you think the Judge will finalize his decision? What’s the hold up and does this just mean more court hearings? Thanks again for organizing all of this. We all really appreciate it!
I do not know when Judge Ware will announce his decision.
We are all hoping that he is taking his time to uncover the truth and render his decision IN OUR FAVOR.
Agreed
I believe the longer it takes the better are our prospects. Judge Ware cannot digest everything in just a day or two.
I am a member of the Nvidia class settlement, and ran up the replacement Compaq on the HP Support website, and got this page with a reference to a defective Intel chipset in this model and checking the serial number to see if needs to be fixed. Could NVIDIA be dumping another bad laptop on us to cut costs?
http://h10025.www1.hp.com/ewfrf/wc/product?product=4308201&lc=en&cc=us&dlc=en&lang=en&tmp_track_link=ot_we/prodlink/en_us/4308201/loc:0&cc=us
Additionally, I have a HP DV9208NR. I tried to get HP Support to give me access to my service records yesterday to see if they replaced the NVIDIA chip when they fixed the failed WIFI modem in 2008. After two hours, I was told that HP lawyers were forbidding them for giving me information about my computer, and I should contact the settlement administrator.
patmcgov
sorry to hear that but this is another good reason why we should simply stop purchasing hp products
Somebody has to pay for that failed senatorial campaign. HP isn’t even competent at taking over the world with unlimited money.
patmcgov
The laptops we will receive contain ATI Mobility Radeon HD 4250 graphics operating in conjunction with an AMD CPU.
Not Intel.
I have read every post and many other websites, but cannot come up with a clear answer.
I did not know about the lawsuit/settlement until this afternoon. I did not mail anything (form/claim/laptop).
My laptop (dv6000) is actually being worked on right now by Fry’s Electronics (For the 5th motherboard btw)
Do I have any recourse/options? The only thing I read is if the Judge decides to re-open the lawsuit to new claims?
I really appreciate any feedback or comments, thanks!
i believe we are just asking the judge to extend the replacement claim period only;
Anyone have a digest of the webcast? I missed it
I will be turning around at 65 years loose in Nov. Still a rookie at this computer stuff even some of my pool tournament shooters are phone co.techs.and Im just seeing the advantages of small knowledge being great fun. Purely stumbling on your site was what I needed. Thinking my first laptop purchase should be a good one,I chose to go with a HP Pavilion tx 1000 series tablet. When it went kapoohey on me [ I was very pleased up to that point ] it was very disapointing! My replacement letter says my computer must be recieved before July 18,2011.I hope the judges decision is strong enough to give all the claimants the proper replacement value, curently it would be highway robery. Thanks for your dedication to help!
I just was sitting here working on my Macbook Pro (which works perfectly, that I bought after my HP dv2312 started violently overheating) and thought I should google the computer model for over heating. I just found out that mine qualifies and that I am too late for this class action lawsuit. If the judge continues the claim period my issue is proof of purchase. I have the right model, bought it within the correct time, but I paid cash and lost the receipt long ago. Any suggestions on how I could provide proof of purchase for this lawsuit if the judge allows new claims???? Thanks for the help!!!
read here;
http://fairnvidiasettlement.com/2011/03/01/what-exactly-is-proof-of-purchase/
i believe some ppl have taken pictures of their serial labels and got approved.
Looks like we’re in a wait and see mode.
Personally, we’re returning our hp printer to costco for a non-hp model. We’re done with HP!
This is unfair.
I was never alerted by HP to the existence of this action, my tx1019au is registered with them. I am an American that happened to buy mine overseas, does that mean I am left out?
Is it now too late?
I learned of this today as I sit here with my tx breaking for the 5th time since new purchase June, 08.
When I first learned of the settlement, I conciously decided it wasn’t worth sending in for the replacement . I already had the broken HP9074cl sitting in my closet (after it had died for the second time and HP wouldn’t fix it again because it was a few months out of warranty) – I didn’t need to waste my time trying to replace it for a computer I would never use because the processor and graphics card were much slower than the computer I purchased many years earlier (and the alternative is still much slower based on charts comparing processors and graphics cards). It wasn’t until I saw a news article about this website, that I went ahead and submitted my claim in early March (and already received notice of acceptance) with the hope they will decide on providing a true similar computer that may actually have some use in the present. Thanks to all who are trying to make this possible.
I also own a dv6375us.
The registration form is obviously biased to people with contact details in the USA, should I infer from this that because I now am located overseas I am out in the cold?
I am completely unimpressed that HP did not contact their registered owners that the suit exists. This action on their part will cost them this consumers sales for life if i can. If they cared about their end users they would have been honest and helped us. They don’t give a damn about us.
Burn me once shame on me, burn me twice shame on you….
Thank you to the admin who has put together this website and keeps it up to date. It is a great resource!
Ditto to Amanda’s comment . lets pray for fairness for the Class by Judge Ware in his decison. Thank you Ted Frank for re filing for the Class to the court to point out the Non compliance by NVIDIA to the directions of the settlement which the Class’s attorneys at the Milberg lawfirm are not upholding on our behalf.
My DV6338se has not worked for a year now. HP replaced the motherboard twice during the first 2 yrs. and Best Buy replaced it with a refurbished original board just before my 3 yr. warranty ran out. They also replaced the hard drive with a 3 yr. old hard drive. I told them about the defective MBs when I took it in and they still used a replacement board instead of replacing the laptop. I took it back in two more times within the 30 day replacement warranty to no avail.The laptop has not worked right since then. Actually, it has been sitting unused since last June. At the time that I bought it, it was a $1400 entertainment laptop. (I bought an Acer Core I3 for $450 on sale to replace it.) A comparable model with a core I3 processor would cost NVIDIA approx. $500 to $600. Why not do the right thing and give us a Core I3 or I5 laptop that would meet all our needs and would still not cost them an arm and a leg.
My tx1320 died years ago; in turn it was replaced years ago. It seems to me that many of you are in the same boat. I feel like I’m returning a $1,200 paperweight and getting a new $400 paperweight. Why couldn’t they have just offered an HP credit of sorts. They’ve got all kinds of things I could use. Another laptop isn’t one of them.
I am writing for the purpose of adding my vote towards your efforts for a fair judgement regarding the replacement laptops for every class member. I agree wholeheartedly that whatever variant a claimant has, it should be replaced with one that has the same, if not better, capability and functionality as what their original HP laptop was advertised to have.
I have a HP Pavilion DV6353 and would not have bought it if it didn’t fulfill the specs and requirements of what I needed it for. The loss of my wi-fi and frequent blank screen at critical times have made it very frustrating and stressing.
The fact that not everyone is in a financial situation to simply buy another laptop is reason enough that the replacement should be equal to or better. I’d love to have been able to buy another machine, but I have to make do with what I have, for the time being.
Again, thanks for all your hard work … it is appreciated!!
Darn. I mailed my HP laptop to them within the “7 days of receiving [the] shipping instructions.” I did see the July 18 date, but I mailed it to them before it was posted here that July 18 is the final, final deadline (so we could wait out to see if Judge Ware would help us out). Now I see that the 7 day “warning” was just to scare me into returning it right away and ruin my chances at any changes in our favor. Has there ever been any word on the timeframe for their shipment of the Compaqs?
You mailed it back agreeing to a similar computer in return, therefore the CQ56 better be reasonably close in specs.
The paperwork mailed to us didn’t include specifications but it did say we would get a similar computer. It’s not up to us to research the specs of the CQ56.
If we waived our rights, they could have used a TRS-80 Model 100 as a replacement and those that didn’t look up the specs would have no recourse.
HAHA!!! Very true; I could not agree with you more. Let’s hope Judge Ware realizes the same common sense…
Thanks for your reply too.
To admin: just a quick note on the last paragraph in your most recent posting above. You wrote: “Jeff Westerman and NVIDIA may laugh at us and characterize us as a “tiny minority” but we bag to differ”….
I believe you meant, “…but we beg to differ…”. Just a small spelling correction.
thanks chad. can’t seem to type fast enough these days…
I have an HP tx1320 and was approved for replacement by one of the lower cost alternatives. I’m not happy at all but am also extremely unhappy about having this tablet pc that is essentially a heater. Why are we not receiving a current tablet pc as replacement? HP has new models as well as other manufacturers. As stated, the replacement laptop or netbook are not close, by any means, to the machines with the defective GPU.
I hope HP and NVIDIA realize they are polarizing are large group of consumers who communicate with tons of other users.
If there are any other legal proceedings that come out of this, I’d be very interested in hearing about them and how to lend my voice of discontent.
I find it remarkable and noteworthy the way folks here appear to be waiting on Judge Ware’s decision on a day to day basis. There also seems to be the feeling that with a JULY cutoff date for them to receive our bad laptops, that there is (more than) ample time for the judge to rule and for us then to react to that ruling.
Like everyone else I hope that’s how things go. But I see absolutely no guarantee things will play out as we wish. We are dealing here with the American court system and, much worse, the courts of California. One should have no expectations whatsoever of a timely decision, not to mention a favorable one. While anyone with the slightest knowledge of computers knows we have been dealt with unfairly, other factors and considerations are much more likely to determine the outcome here. If things are, indeed, put right in the end, we should consider ourselves very, very fortunate. The entire process is flawed almost beyond comprehension.
If we lose hope, we have nothing.
I guess I have faith in the process. It is not like there will not be plenty of time to meet the future dates. I called the settlement hotline yesterday and received info that they have received my clai. And it had been approved. I had just a picture of my label on the bottom as roof of purchase. I have since received a copy of the check I wrote to purchase my piece of junk computer from Best Buy
I hope the judge is looking over the ruling and the Solution takes his time and sees that the replacement computer is not a fix all for everyone. I will wait like everyone else before I send in for my replacement.
Crunching the numbers in this settlement reveals the most appalling aspects of how NVIDIA is just slapping the owners of these defective laptops across the face. Ted Frank has already made information available that the number of claimants is around 30K. The Compaq laptop being offered sells in stores for $300, and that’s with the typical 100% markup. So it’s safe to assume that NVIDIA is probably paying no more than $150….X30K=$4.5 million. First off, that’s 1/3 what the attorneys were paid for “representing” us.(Shame on you Millberg) NVIDIA profited from selling millions of these defective GPU units. Let’s be insanely conservative and say that they sold 10 million defective units to HP, Dell, and Apple, pocketing 10 bucks per unit. So after paying a few million to cover repair reimbursements, 13 million for attorney fees, and 4.5 million for the Compaqs, NVIDIA is still making a huge profit on selling defective computer parts. If NVIDIA provided us with MacBook Pros, they still would have made a huge profit. The greed and lack of culpability is just disturbing…..
Has anybody actually received the Compaq computer back from Nvidia? Looks like people started getting approvals in February.
Would be interesting to know what comes with it, and how long it took.
Wonder how realistic getting 10 thousand of the same computer in six weeks is. It seems to be the loss leader at Best Buy and the office supply stores.
Wonder if accepting the old computer as complete or properly packed or even acknowledging receiving it will be the strategy to deal with that.
Man finally some plave to vent. I found out about this 4 days ago. Well after the what, quiet 1 month time slot to file?? What is that crap? That is NO WHERE near enough time to even find out out of the blue about this case, much less ACT on it. Why am I miffed? I own THREE of these lappys. 1 works, dv6900 series, one dead dv6900, and one dead dv2400 series. Wouldn’t have mattered though, I bought em back on 05/06, who keeps record of purchases that long ago? After the first died a little over a year and being told tough luck, it’s outta warranty, I figured I was screwed. They’ve been paper weights in my computer room ever since, figuring at least with the two similar dv6xxx systems at least if my one working one had an issue, I had a backup part for it. Now not only because of the incridibly small window (I was sent no notifications, btw, not sure if I should have been or not) and the age of the equipment (again, I’m not a packrat, no 4+, heck, let’s be honest, no 1+ year receipts in my house) I find myself STILL with 2 dead HP laptops unable to do anything about it. Boo hiss, but congrats to the miniscule portion of affected owners who not only had their receipt, but KNEW about it. I only found out via a co-worker who said they saw something on some site the other week and thought of me. Can HP/nVidia be sued again for the same thing with a larger time window next time??
exit151
No, I don’t think they can be sued ever again for the same thing. Hopefully Judge Ware will re-open the claims period with a fair and adequate replacement computers. stay tuned…
they claimed it would take 6 to 10 weeks to receive the cheap low end Compaq replacement. Hopefully Judge Ware will render a decision before the six weeks times out so that if he decides in the Class’s favor it will change the model of HP computer that we will receive and make it more like in make and model and specs that our original defective units are.
I am not sure that I have seen a single owner of the tx1xxx series say that they have recevied a notice. Lots of tx1xxx folks who say they did not. It does not seem that the replacement is being fair to the majority…but it appears us tx1xxx were completely left out of the loop. This is all expecially disturbing that HP has not put any message on their support site about the problems.
A show of folks who are tx owners and did or did not recevie notices would be great. Thanks!
I am an owner of a tx 1xxx and I did receive a notice. I was initially put off by the fact that when I received the notice, the tx 1xxx units were not on the approved list. Thankfully I ran across an update listing on http://www.engadget.com informing me of various changes to accepted models about a month and a half later. I instantly signed up. I came across this site while attempting to research the specs of the two offered units and felt that we were getting screwed with the small amount of info I could find. I’ve stuck here since.
Thanks again to the admin for keeping us updated as I know I would’ve been screwed worse!
I have a tx1xxx and I did get an e-mail notice, but I seem to be in the minority. I did not get anything in the mail even though I am at the same address as when I bought the machine. I definately agree that HP should have something on their support website about this. When I talked to HP support last, they refused to acknowledge that there are any known issues with my computer. However, they still directed me to the settlement website (albeit after being on the phone with them for an extended period). So which way is it, they are involved in the settlement or they aren’t? They are straddling the fence by blaming everything on NVIDIA but still saying there isn’t a problem.
I own a paperweight TX1XXX and I received two notices in my snail mail in late 2010. One came in early fall and one in late fall. I can’t remember the exact dates but I think one came in Oct and the other in Dec. The notices have code numbers on them; NVF-30488650-6-01 138337 mailed from Jamesville, WI and NVF-30488650-6-01 033529 mailed from Fox Valley, IL. I think they came in that order. Once I got the first notice in my snail mail I signed up online to get email notices. I also stumbled onto this site while trying to find all available news and information about the litigation after they announced the claim process was open and saw what they were trying to pawn off on the HP claimants. Needless to say, I was very disappointed with Nvidia’s tactics and Milberg’s lack of respect for their class action litigants in which they claim to be representing.
I received two notices, one at my billing address and the other at the shipping, for my tx1000. It was fairly late in the process however; from what I understood from their website was that tx1000′s eligibility was added later into the lawsuit.
I payed $1500 for my tx1220us, registered it with HP, and never received ANY NOTICE OF ANYTHING!!! No email, no snail mail, nothing! I didn’t even hear that there was a class action until AFTER the deadline to opt-out/object had passed!….
I have wondered the same thing several times. Maybe not just the tx1xxx’s, but possibly a large subsection of some of the more expensive models were somehow left out. I have seen several people say they received multiple notices, and several say that multiple notices were sent to various previous addresses from years back… They said they mailed out however many million notices, which really makes me wonder how many PEOPLE ACTUALLY received one.
I bought a tx1912us from Circuit City on 10/5/07 and didn’t receive a notice.
Here’s one suggestion that may help get the media to take notice. I suggest a “day of anger” at the HP corporate HQ in Palo Alto,CA. If we could get several hundred (I wouldn’t even hope for 1000 but that’d be great) protesters carrying signs about this ripoff for a couple of days it’d make the news and HP would most likely take notice as well. Image is everything in that business so the more we can point at their actions (or inaction) the better we’ll be.
The majority of companies buy HP printers etc and if they start hearing of things like this the more likely the purchasing mgrs will look elsewhere. As someone who used to purchase products for a tech company I know if I heard things like this I’d be spec’ing out other mfr’s.
Another is sending mail into John Stossel at Fox News, Clark Howard etc. Flood ‘em with email, calls etc this WILL make the news.
Has anyone received notice of an approved reimbursement? I filed mine but have not heard anything about the status, a
My wife and I each own a TX1XXX. We found out about the settlement on 3/14, the last day to file and filed online. We received our approved reimbursement/replacement notices by snail mail on 3/30 urging us to return the laptops within 7 days. However, we have until 7/18 for them to receive them. I think we’ll wait until we see what the judge has to say.
Since no one that has sent their computer in for replacement early has yet to receive their new craptop, I’m betting they are waiting to see what the outcome of this is before shipping any.
I sent my computer in for relacement (much to my dismay). The update I saw stated that because of “greater than expected demand” I should expect to wait 8-10 weeks while inventory is being gathered for the process.
When I got my approval notice, it said that the notebook should be sent within 7 days, to avoid delay, so I sent it on the 5th day after the notice. This was before I found this site.
Now I understand that if it is processed now, I will receive the compaq junker notebook, but if I would have waited that they may change the notebook again and it may be a step or two above this Compaq junker. This is not fair either. I was only following directions on the notice. This is another crock of crap. The judgment should be set in stone as to whether or not you sent it in early or late. Another ripoff to the purchasers. I will never again recommend or buy any of Nvidia or HP products. I will also discourage anyone buying either brands of their products. Sort of reminds me of when Dell knew that the keyboards on their notebooks were faulty but still sold them for years.
This settlement gets more ridiculous by the day.
Keep watching this site. When the Judge makes a decision it will most likely show up here first. We petitioned the Judge to enforce the fair administration of the settlement, including to those that already sent in their computers. Hopefully the Judge will rule on our side and everybody gets a fair replacement. We will just have to wait and see.
Also, the settlements isn’t getting more ridiculous by the day, we’re just discovering their dirty tactics. It was set-up in dark little alleys in the first place…
Way too many changes are being made as this case proceeds and without notice to the owners of these products. No one should be receiving any replacement until this case is completely settled and agreed on.
Jim’s post today is a good idea if you live in California to protest HP. Would someone draft up a letter containing all of the facts so far, post it for everyone to read and then copy and past it in a letter to send to their local news stations or all of the five major news programs. CNN, Foxnews, CBS, NBC, and ABC.
Getting attention on this may be a turning point. It certainly will not hurt.
I sent in my HP computer several weeks ago. I didn’t know about the challenge to the settlement. I was searching last night to see if anyone had received their replacement computer yet. I take it from the discussion here that the answer is “no”. Is this correct?
Bob H
@Bob-
I don’t believe anyone has received their replacement computer just yet.
I own a tx1320us which I paid over $1300 for late 2007 but I didn’t receive a notice. The way I found out was by sorting mail at my work (someone else received one.) Anyways…. a dual-core chip is all they need to make this go away. I could live with that. Even cell phones have dual-core chips these days. Sheeesh!!!
Rob M.
Is the overheating issue directly related to the nvidia issue? If so, where is it mentioned in the court docs. If not, can we get together and sue hp for endangering our safety and the safety of our young children by not recalling these hot machines. Even McDonalds has to put caution: extremely hot on their products. I suffered a 1st degree burn on my lower arm when I fell asleep next to this machine. I should at least be able to sue for that, right? Or by remaining in the class, which I didn’t even realize I was doing until it was already too late to exclude myself, have I given up that right too? Also, how does a suit against Nvidia indemnify HP if they are not named as defendants!?! That doesn’t seem fair as HP had a role in protecting consumers as well and neglected to do so! Isn’t that considered tortuous negligence on the part of HP (and Dell and Apple too for that matter)? Can anyone here or elsewhere, perhaps Mr. Frank, answer these question? I’d truly appreciate it.
Peace, Shaye
There should be a “like” button on this site. Or at least a “plus 1″
Anyway, +1
+1 !!
Was there a sample Replacement Product Guide similar to what is posted here provided to the court so that the judge can see for himself the disparity between what we had and what is being offered? Was the court made aware of the FairNVidiaSettlement.com website in depth knowledge on this matter (Although I do no know the legal limitations on how much the judge can consider the information here.)
Thanks for all of the hard work
I think your assessment of like value or cost is pretty fair. I have/had a TX1410US and I obviously consider their “specialists’ findings” ridiculous. I paid $1300 for my dual core little monster and find the netbook replacement is insulting. I also find Milberg’s statement that Ted Frank’s action is anti-consumer appalling. Turns out Millberg are just trolls and not real consumer advocates. And we are just their little pawns… Keep up the good work. I will testify anytime (like I’ve done before, numerous times, and in vain, with HP’s customer service). Speaking of, what about HP? Why is Nvidia picking up the tab by themselves and HP assumes no liability?
You can add one more person to the 350+ people who have been or feel duped by this unethical transaction between NVidia and Milberg. I would never turn over my $1400 laptop for a less desirable one that only costs $350 and to top it off doesn’t even COMPARE to mine even technology wise. This is truly an insult and adds more injury to the injured parties!
To those getting their panties in a bunch over sending in their laptops:
I’m no lawyer however this seems to be a common sense situation. You waived your rights on the condition you would receive a computer of similar kind and value. Now if you receive a computer that’s not of similar kind and value then they failed to live up to their end of the contract.
They chose the model that’s supposed to be similar, it’s not up to us to research manufactures and model numbers.
Now you get into the argument of is it really of similar kind and value or not.
If the judge rules against them then apparently it’s NOT of similar kind and value and the contract we agreed to when sending our old laptops back isn’t worth the paper it’s written on.
Now they will have paid once to ship the CQ56 out, then they will get to pay again to have the CQ56 sent back and one more time to have the proper of like and value laptop shipped out.
Also think of how many CQ56 laptops will be returned in opened and started condition. At that point I believe they would be considered refurbs…I wonder what the loss on that will be?
Think there’s a reason no one has received a CQ56 yet? HAHAHAHA!
George makes a very logical point…..thus far nothing that has occurred has been logical. Except plenty of deception by HP/Nvidia/Milber and lack of accountability by HP/Nvidia and our lawyers/Westerman @ Milberg law firm all the way to the bank to the tune of $13M by the attorneys for the Class.
I too sent my HP Pavilion laptop in for the replacement within the first seven days as directed by the approval notification. Basically, I felt at the time that anything replacing a broken laptop was better than nothing. However, as I hadn’t received the replacement model yet, I just happened to have stumbled on this site after a Google search to see if anyone else had. I am glad to find out that this group exists; by no means would I “prefer” to receive a lesser valued replacement. Anyway, I’m basically adding my information to the group in the hope that the number of individuals represented here will at least provide some influence towards the judge’s decision.
10 days and waiting.
yea this sucks their sending this piece of crap back to us when we had a larger screen dual core 256 DDr seperated viedocard and forth but what can we do the Lawyers got paid and that is all they care about
I have sent this message a week ago to PC World’s “On your Side” in order to maybe generate some further attention and possibly get some other help on this ridiculous settlement.Five years ago I researched buying my first Notebook and decided to buy an HP Pavilion Dv6119Us. Since then I have experienced flashing video and a major wireless connection problem which I tried to fix with updates to the software over the recent years. Last fall I received a letter stating that Nvdia and Hp were being taken to court in a civil litigation settlement case. I filled out the paper work and sent it to the NVidia Litigation Settlement Administrator. Three weeks ago I received an authorizations form and approval to have this notebook replaced. When I purchased this notebook it was on a sale after Christmas plus a markdown to around $700. Keep this in mind.
I was told in the replacement letter to package the notebook up and send it back to them within 7 days to avoid any major delays. After packaging this notebook up and sending it back a few days latter, I checked the NVidia GPU Litigation Settlement web site and found out that my $700+ Hp Notebook would be replaced with a new Compaq Presario CQ-115DX notebook. Ok, this Compaq CQ56 notebook now sells for around $300 to $350. I have no idea what software is installed on it but I am sure that it will not come close to having what my faulty HP had on it when it was purchased. I am sure my HP had Windows XP Media Center and this new Compaq has Windows 7 home.
This faulty chip from Nvidia was not known to me when I purchased the HP, nor did I know of the trouble ahead. By the way, I was also a sucker in buying a three year extended warranty. As I understood, my HP notebook was to replace with another HP notebook, but a month or two later had been changed the replacement was to be a Compaq CQ56-115DX Notebook.
In the first place, If I would have wanted a Compaq CQ56, I would have bought one. Knowing a bit about the computer world, my opinion was not a good one on buying a Compaq, so I purchased a HP. I also knew at the time that both of these company’s either had merged or one bought the other, ages ago, when Compaq was on the bottom of the review list of notebook and desktop brands.
My Hp notebook that I sent in for replacement is in a computer grave yard somewhere in California and now I am awaiting the delivery of a crappy Compaq notebook. To top this, it will be another eight to ten weeks before they send it out.
Sort of reminds me of buying a Chevy Impala and having it replaced with a Chevy Cavalier with *five year old* new tires. Most likely HP had a warehouse full of these new old Compaq notebooks and thought it would be a good idea to unload these to their valued customers. This is not a very thought out idea. Remember what goes around comes around! Before purchasing from these two inconsiderate company’s, better think twice.
Whatever happened to having respect and a sense of responsibility to anyone who purchases your products? This world today is littered with company’s that sell their products and then totally forget about their past customers.
Being a computer tech, I have recommended HP’s product to many individuals, but the buck stops here. No More HP or NVidia products for me or my customers and friends. My advice to them is remember when Dell sold notebooks with faulty Keyboards? Where are they today on the list of responsible and respected Company’s? The following website from PC Mag. shows the average ratings of Compaq and HP notebooks plus others, and also shows the best and worst of their products. Go to: http://www.pcmag.com/article2/0,2817,334332,00.asp I sure hope someone involved did some homework, but if not so, they should read this article first.
I know that this is a done deal, but everyone should know just how these two company’s feel about there customers.
No kidding Henderson.
Some of us paid almost twice as much as you, $1300-$1500 for workhorse TX tablets and upgrades only to get an EEEPC in return. I use to be a big nvidia fan…. no more! I’ll shop elsewhere.
Has anyone read – 369. supplemental Laratro declaration – ? I have and have called and mad my complaint.
Be proactive….
I can’t believe that I paid over $700 for my laptop and only getting a $350 laptop as a replacement. The worst part is I started calling HP when I started having problems and was told that no one else had complained of this problem and that they could send me a new computer that I would have to pay for. Later I found a site where a lot of people were having the same problem. And then came the law suite. HP should have been included in the suite because they knew of the problems and were being dishonest. I can only hope that the judge makes the right decision and do not stand by NVIDIA but by the consumers.
I returned my HP dv6000 in mid-February and haven’t heard anything. Is there a method to determine the status of the return/replacement computer? I visited the Nvidia GPU settlement site and was unable to see any reference to the replacement computer status. I would much rather have my $1200 back than an inexpensive computer, but I have no idea what the status is. Any suggestions?
Thanks.
@Russell
Until Judge Ware makes up his mind, I don’t think NVIDIA will send out replacement computers nor will they give you updates.
I just talked with a representative of the nvidia settlement and he verified my computer was received and the numbers matched. He stated replacement computers will be sent our from 8 to 10 weeks from the time the faulty computers were received.
He didn’t know about any additional hearing.
To get your status call 877-440-7557 and hit 0 for an operator.
So if the laptop was a gift to you, then you are S.O.L? I am not looking for money, I just want a working laptop!
I don’t think that is true. Did you file your claim on time?
Yes it was submitted before the 14th cut-off. Thanks for the feedback
Amee,,,,,the admin is correct….I acquired an HP DV6000 from a family member as a hand me down and I pointed out on the claim submittal in an uploaded PDF file that I was not the original purchaser/owner so I did not have a receipt as requested. Gave them the approximate purchase date and where from ….with the part no. and serial number of my unit. To my surprise the claim I submitted was approved for a replacement laptop. I figured I may as well try and it paid off. Now we just need to get Nvidia to provide more equal in specs. replacements HP laptops per the settlement orders from the court.
Thanks Larry, Thats good information! I will keep pluggin away
just another fyi for you to consider…after I had sent my laptop back to them with the RMA letter from them via fedex along with the ac adapter…. I read later somewhere like perhaps on the Nvidia claims settlement FAQs page ,,, that all they wanted was the laptop returned and I read where you could even remove the harddrive before shipping. It seems they did not even care to have the AC adapter back either. Maybe other folks can confirm my understanding of all they really need returned.
I talked to them today and they told me I could remove the hard drive as there is no other way to remove my personal info and I did not have to return the battery or the power cord. Just the unit itself.
Hope this helps.
HI Larry
Please can you send me PDF file for the claims form….I may be late in filng a claim now but i will try and maybe luck is on my side.
Thank You
Kris
Forgot to include: My unit a DV6000, has both issues- No video and no wireless connectivity. I worked around the wireless issue, but the black screen is a show stopper. To clarify my previous; Has anyone else had luck with the settlement group for PC’s that were gifts? If that excludes me, then I guess I will just move on-especially considering some of the comments regarding what the replacements are like!
if you filed a claim on time,,,you should qualify for a replacement
@amee-
if you submitted your claim on time, you should receive a replacement computer.
Well, got a reject letter foy my claim. The laptop was a gift and the person who gave it to us is no longer with us. I enclosed a scan and pic of the serial number, etc but that was deemed insufficient. Any suggestions?
If you register your product with HP it will show the purchase date, that may help. I also got mine as a gift and was able to provide a screenshot of the hp registration website, and mine was approved. Hope this helps.
I called the NVIDA GPU Litigation call center. If you call. Dial “0″ to speak to someone. They told me that my claim was approved and a letter was sent Feb 14. I have received NOTHING. I have called 6 times and spoke with someone. That is not counting all the times I have called and the call center is closed. One day their hours are from 9am to 5 pm. the next time I call, the hours are from noon till 9 pm. I call between these hours and the recording says they are closed. Each time I have called they say, the letter will be resent, you should get it in 4 to 5 weeks. What the hell is that? I live an hour from San Jose where the attorneys filed the suit. If I dont receive the letter and packaging material by April 30. I am going to drive to San Jose and sue Milberg in small clams court for $1,000 plus court cost. I’m not happy that the replacement laptop is a $360.00 piece of crap when I paid $970. before sales tax. If all of us would sue Milberg in small clams court we would keep him tied up in court for years. I cant believe he got 13 million to settle out of court. I’ll see him in court.
this is really disappointing since i been struggling with my hp pavillion dv9700 laptop , i fixed and its not working again….hp has the worst customer support..im moving to apple…
@eric-
I don’t believe dv9700 is part of the settlement. Please check “BAD HP NOTEBOOKS” tab to see if it is listed there (settlement administrator no longer has this list; list is from February 2011).
If it is not listed, you are free to pursue other legal remedies such as small claims court
I noticed there is a “countdown” to the deadline for laptops being received at the top of this page now. However, it is off by about 3 months. It currently states: “You have 10 days 23 hours 8 minutes 22 seconds until July 18, 2011 deadline”. That would likely be true if the deadline were April 18; however, we still have the rest of April, May and June to go through before we reach July.
Nevermind. It just changed to 100 days.
@Chad
DIdn’t realize people were on this site so early in the morning!
Yes, the problem was related to a java script plugin that was corrected. Thanks!
Not a problem. I’m not on Pacific time, so it’s not that early, but I really appreciate all you are doing for us. I hope our voices will be heard, and I know this site can be a big help toward that end. I even referenced it in the e-mail I just sent to Jude Ware’s court deputy (as seen in my other post a couple of minutes ago).
By any chance, have you provided Judge Ware (perhaps via his deputy) with the declarations people have filled out through your site? I think that would be very helpful toward making our case.
Thanks again!!!!
Yes, Ted Frank took a subset of what was collected and provided key facts in his briefings to Judge Ware
I don’t know how much it will help, but I just sent the following via e-mail to Elizabeth Garcia, Court Deputy to Judge Ware:
=========================================================
Hello Ms. Garcia,
I am writing as a member of the HP class in the settlement of the NVIDIA GPU class action suit. I just wanted to say that I hope Judge Ware truly takes Ted Frank’s motion under serious consideration, as I feel deceived and disenfranchised by what happened with the replacement computers. When I received my shipping materials from the settlement administrator, the instructions stated that the old laptop should be shipped preferably within 7 days to avoid delay in receiving the replacement. At the time, the replacement model had not been disclosed; it was simply stated that the replacement would be similar in kind and value. Unfortunately, after having shipped my laptop, it was disclosed that the replacement model is a Compaq (not HP, as I had originally purchased) CQ56-115DX. The laptop I purchased cost over $900 when I bought it, and had far better features and processing power than the CQ56-115DX, which costs less than $350. This is definitely not a replacement with a unit similar in kind and value. I work in technology for a living, and I am well aware of computer features and the differences. I do not feel it fair for the HP class to be treated this way by NVIDIA, HP and even Milberg, the attorneys who are supposed to be representing the class.
I just figured if I wrote, this would provide some evidence that, contrary to Milberg’s claims that the HP class in general is happy with the replacement, this is not the case. For further evidence, Judge Ware need look no further than http://fairnvidiasettlement.com.
Thank you very much for your time.
=========================================================
AMEN !!!!
Perhaps if others here also swamped Ms. Garcia with e-mails making similar statements, it would be brought to Judge Ware’s attention and it could help us in getting proper (similar kind and value) replacements.
@Chad-
I am not sure if that would be wise; Judge Ware’s schedule is already jammed up so to “swamp” Ms. Garcia’s email box would not be professional or nice.
If you have any media contacts, see if you can get him or her to cover this story. Even if it is a local newspaper, it might get picked up by a national news organization
I’ll see what I can find. Thanks for the advice.
Has anyone thought of making an iReport and submitting it to CNN? I don’t personally have the skills/equipment, (especially since my laptop is junk
but if someone does, it might garner more interest/attention. Would need to be well thought out and created. Just a suggestion.
I’m a little confused. Is it too late to file a claim or no? The nvidiasettlement.com site says that it is but here it appears that it isn’t? I was in the process of repairing a computer for a customer when I came across the site and found that her computer was one of the affected models. She states she was never notified of the class action. For the record,her motherboard is fried.
@Lisa-
Unfortunately, it is too late to submit a new claim (March 14th was the deadline).
At this point, we need to wait for Judge Ware’s decision. In the meantime, if you have media contacts (even if it is a local newspaper), try to get them to cover this story to increase exposure.
So what’s the 100 day deadline?
In worst case scenario, if Judge Ware makes no changes to existing settlement, we need to mail in our notebooks so that they are received by the settlement administrator by July 18th 2011 (again, this date is NOT “MAIL IN BY” date, but “MUST BE RECEIVED BY” date)
well their in breach of settlement according to all our paperwork stating we would receive back something similar and that they tell us this after we sent back our laptops and i called in saying id rather have my laptop back and for $300 i could have repaired it. they said i cant have it back and that im bound by agreement now and i cant come after them with a lawyer on said issue what a scam. i said YES i can since your in breach of the agreement
Add me to the list. (Compaq V6000)
I’ve lost faith in this system a LONG time ago. This is the same Judge that was appointed by George W. Bush.
Most disturbing to me, James Ware “had told many audiences, he was
riding his bike with his brother Virgil on the
handlebars when Virgil was shot and killed by white
racists. The incident was a real one, however it
happened to a different James Ware”.
The replacement computer offered is unfair and is far below the value of my laptop. (Even burnt out).
We have to sit and take it for what it is.
Reminds me of the continuous use of oil. An entirely different subject, I should stop now.
@Greg-
Everyone makes mistakes, including me. Judge Ware did make a mistake but he has paid for that mistake.
I am a firm believer in giving everyone a second chance.
And I don’t think injecting politics into our current situation is appropriate either. Whether you are a democrat, republican, independent, or whatever, all of us are equally getting shafted.
PS. Judge Ware was nominated to the high court by Clinton BTW.
is there a way we can be notified by email ,,,when Judge Ware renders his decision ..or do we just keep checking back here daily????
@ Larry-
Your best bet is to check this site or the Center for Class Action Fairness.
How do we add our name to this list of 350+?
you can submit a declaration form online (look at the tab at the top of the screen)
I’d be more than happy to contact the county newspaper in my region, but I think I would have a stronger story for them if I knew an estimate of how many people were affected by the settlement. (Frankly America seems to have bigger issues right know concerning congress, but we might as well try). I’m not the best ‘professional’ writer, nor do I have the complete list of facts.
I think it would be a good idea of someone with strong knowledge about the case would create a pdf fact sheet with citations so that I or anyone involved could, in a matter of speaking, give the news media the meat of the story and the sources so they would be more inclined to write/present about it while having to do minimal research.
I was thinking something along the lines of:
1) Facts about the settlement including exact areas in the agreement where the people were deceived (not necessarily JUST in inappropriate pc replacements, but by the lawyers and deceitful terminology)
2) Shady gray areas
3) How the settlement administration isn’t acting professionally
4) Contacts of people involved (preferably someone knowledgeable about the case who wouldn’t mind being interviewed etc)
5) General accounts of people being treated very unfairly.
6) Anything else I’m just completely unaware of but ultimately results in hundreds of people getting screwed in the settlement.
How about the fact that many of us were not contacted via the administrator even thought HP had our information in their systems and those that filed BBB complaints still didn’t not receive a letter or information on the Class Action law suit.
http://www.excaliberpc.com/604012/asus-eee-pc-t101mt-250gb.html
Looks like the EU37 model is ready. I wonder if they are going to try to send them out for people that already have turned in their machines to avoid having to offer a better, more expensive machine.
Judge Ware has the inside track when it comes to knowing the parties in this class action . . . and I’m thinking of nVidia in particular. He could be ensnared on the horns of the following dilemma:
He might easily and readily have recognized the merit of our plea, to wit that the el cheapo single core HP laptop is a joke compared with many that it supposedly will “replace”.
However, Judge Ware might also be aware any attempt on his part to inject fairness will bring a rebuff from nVidia in the form of an appeal.
Look, stipulated as things now stand nVidia has screwed (most of) us a second time. But they have lawyers on retainer. They can fight a genuinely fair settlement ad infinitum on a whim. Thus, Judge Ware might end up acting in our best interest, without the superficial appearance of so doing, by ruling against us. If this case goes out on appeal, the courts being as messed up as they are, we could lose even the minimalist laptops already agreed upon. And that outrage could occupy yet another year.
My laptop has been in and out of repair for over 3 years now. You make an excellent point, but personally I would rather hope for the chance on being compensated correctly which includes the chance of not getting anything rather than receiving something that I believe is horribly insufficient.
Since my laptop hasn’t been working for so long, it won’t be that big of a deal to wait longer for an appeal.
I would rather wait another year to get true justice.
I believe all the ones who bought HP would think twice before getting another HP. Also , the longer I am without my laptop, the better I get to do everything with my Ipod touch 4g and will probably make the switch to Ipad/ Apple.
I am sure there is more going on in this settlement than is apparent on the surface. One thing I can tell you all is that I have owned 4 HP laptops in the last 5 years. Each one of them eventually died.. ..exibiting the same symptoms. The last one has an ATI video card. HP connects the heatsink to the video card using a non-standard foam shim. There are a lot of web sites out there (lite the one referenced) selling copper shims or demonstrating methods to repair the problem created by HP’s faulty engineering. So, we are all caught up in a bit of a sham.. ..therefore, it is not logical to expect a logical outcome.
Agreed. I like your thinking!
HP thermal design leaves much to be desired. They are using foam because the GPU is pressure sensitive. Even with properly balled GPUs I think that design is marginal. With the inferior solder balls nVidia used in all of our computers, the design margin was extinguished and everything went over a cliff.
I agree the shim, or plate, is the way to go. It’s the only choice, really, given our messed up GPUs unless you go to the expense of reballing the GPU which is most difficult to get right. Trouble is the shim thickness must be absolutely correct. Too thin and thermal conductivity suffers. Too thick and you crush the GPU.
Before the class action bailout, my idea was use of an old (pre-1965) US silver dime or quarter, machined flat to the proper thickness on a case-by-case basis. Those things are 90% silver and 10% copper and are readily available. Silver is a better thermal conductor than copper, albeit only slightly better. But given that our nVidia GPUs are as bad as they are, I was wanting even the tiniest thermal conductivity improvement.
But today it’s easier just to go for the replacement laptop. And besides, the price of silver has ascended into the stratosphere.
One of those coins costs circa ten bucks!! However, if I had a still-working laptop, I would go for the silver shim modification FOR SURE, or even for copper. And I would stop using the laptop until that modification was completed. The foam is a joke.
Why would you keep buying HP if you kept having problems? I won’t buy one again! I do think they do well with printers, though.
Many thanks to the admin for answering all the inquiries. I too join the many voices in this blog; and to give my name in support of this effort. I followed the rules and NVIDIA now has my dv9005us…apparently I am “approved”…I have vehemently proclaimed my disappointment with the selection of the CQ56-115DX replacement with the call center personnel; and they have “copied” my comments ( or so they say )…My hope is that Judge Ware sees through the deception of both the law firm and the HP / NVIDIA corporations for their apparent lack of forthright representation in this matter. I innately comprehend the Millberg P.A. firm has a vested interest in having the settlement stand as they misrepresented the enormity of the potential recipients/class action members in asking for the $13 million fee. Their fee is far in excess of the the cost to replace the probable 30 thousand models involved that are now official class action settlement members. I can only hope that within the next few weeks the Judge will rule in our favor. I look forward to once again sitting with a 17″ screen..hahahahaha!! Be well, Richard D. Gordon CP
Does Judge Ware have any time frame to respond or a reach a decision, or does he just get to “decide when he feels like deciding”? My thought process is, will this final decision by Judge Ware hang up in the air until the last possible moment in July, before the offer maturity date of the 18th???
Okay, can someone give me a quick synopsis of what is going on? My daughter’s HP laptop stopped working one week ago. I was not aware of the NVIDIA settlement and do not recall receiving notification. Having said that, since her computer does not appear to have had any issues prior to just recently, it looks like I would not have been able to file a claim anyway.
Do I have any recourse? I was shocked to see that the claim period just ended three weeks ago. I do not know how you put an arbitrary deadline in place for something like this.
Just in case I may have missed it….
Is it possible that I can file a claim for this notebook -
HP dv6636nr.
I’ve kept it in nearly pristine condition yet my screen went blank about 2 weeks ago. The actual LCD screen works fine.
The symptoms are as follows:
computer overheats
fan runs constantly
graphics/video die – while computer functions fine
If I close the computer long enough for it to cool down, screen graphics return to normal function.
If I run the computer for a long period of time (1+ hours), same problem occurs again and again.
Email me if this sounds right. I’ve had this computer for only 2 yrs! It should work! I don’t take it anywhere thus it’s not been dropped.
claims period ended a couple weeks ago. unless the judge extends the deadline and rules in favor of us, no you cannot. the syptoms (graphical problems) should be enough to warrant a replacement, however, if the claims period is re-initiated.
if anyone can email me at bhundle1@utk.edu I would appreciate it. HP’s customer support is a disasterously poor option to try.
I’m sorry to say my HP DV6000 just died on me, as well, and after discovering many of the websites with what seems to be thousands of people having the same problem, I also seemed to have missed the deadline by about 3 weeks. So there’s no recourse for people like myself?
Maybe the judge has been paid off too lol were screwed
@Doug
Your email address was removed because it was deemed as an advertisement/promotion. Please feel free to use an alternative email address.
As far as Judge Ware goes, I think it is highly inappropriate to accuse someone without any shred of evidence.
Got my replacement authorization form today and found this website looking for the specs on the replacement computers – I am sooo happy! I was very upset to find out that the computer I had paid so much for was being replaced by something I’d buy my 12 yr old. Thank you to persons who started and are keeping this going – looking forward to hearing about Judge Ware’s ruling!
I got my replacement authorization form today. I tried all day to get on the website to make a selection but the website is not out there. I called the settlement administrator and after being told i must be doing something wrong and/or it’s my current computer the guy announces there was an email saying the website is down today due to tech issues and updates. I expressed my concern on the choices as neither is comparable to the value etc as to what I lost. I was told to pick one or get nothing. NICE! not…
I then called Fedex to verify the packaging and shipping method. the closest fedex to me is about an hour away. they said they needed a shipping label. hmm..didnt get one of those. Also they will not accept putting a notebook in a Padded Pak and then a fedex express box. NO NO NO.. they will not do it. You have to purchase a box specifically for notebooks which is an additional $15. Glad I called ahead. So call back the settlement adminstrator number and guess what.. OK We will send a mailing lable and the box directly to you.
Hmm … We’ll see.
I wasn’t told to go on to any website to pick which computer I wanted. ??? Why would you pick?
I am going to open a facebook page named Fair NVIDIA Settlement. Look for it.
I called the NVIDA GPU Litigation call center. If you call. Dial “0″ to speak to someone. They told me that my claim was approved and a letter was sent Feb 14. I have received NOTHING. I have called 6 times and spoke with someone. That is not counting all the times I have called and the call center is closed. One day their hours are from 9am to 5 pm. the next time I call, the hours are from noon till 9 pm. I call between these hours and the recording says they are closed. Each time I have called they say, the letter will be resent, you should get it in 4 to 5 weeks. What the hell is that? I live an hour from San Jose where the attorneys filed the suit. If I dont receive the letter and packaging material by April 30. I am going to drive to San Jose and sue Milberg in small clams court for $1,000 plus court cost. I’m not happy that the replacement laptop is a $360.00 piece of crap when I paid $970. before sales tax. If all of us would sue Milberg in small clams court we would keep him tied up in court for years. I cant believe he got 13 million to settle out of court. I’ll see him in court.
I’m sorry, I’m joining this party late, but how do I become part of this settlement. I want my tx1228ca that cost me $1600+ replaced, with a comparable laptop.
Thanks in advance,
As it stands now. Registration for claims closed March 14 2011. Unless Judge Ware extends this period from the hearing that occurred on March 28, 2011 …. the date is past. Many people were never notified about the class action. Unless the Judge changes the plan for the replacement computers… we willl be getting computers that were only a shadow of the quality of the units we paid for. Indeed the Compaq that NVIDIA iis planning on pawning off on us is priced at $299 at Best Buy as of today. Just a basic internet and email unit that is not capable of doing anything near what you and I spent our money for. Keep looking at this site and hope that you get an extension on the claim period along with a correct choice on a proper repalement. That is all I am doing too. May it come soon. I feel that a decision that takes awhile is a good sign and things are not being just rubber stamped as OK as things stand. Just my feelings.
My affected HP looks like brand new because it has been broken all the time since I have had it. It started with all its troubles at the end of the standard warranty period.
Got my approved claim and shipping info today. I will wait for a ruling by Judge Ware before sending in my laptop though. Since I live very near a FedEx distribution and mailing center, I stopped by with a question about shipping per the administrator instructions. They said they would not ship my laptop the way the instructions said. I guess I will be calling the hotline again when the Judge makes his determination. Shame all this stuff takes so many phone calls and so much time to sort out. I suggest we all stick with it though.
Tell FedEx you are shipping a BROKEN laptop… ..that you don’t care if it arrives undamaged.. ..you just want to be sure it gets to the destination.
@Scott-
The Settlement Administrator’s approval letter clearly states that they reserve the right to reject claim based on intentional damages, etc.
What are you going to say to them when the screen gets crushed during transit?
yes…the paperwork is pretty clear on a broken screen being a valid reason for denial to replace a sent in laptop. I would never tell fedex anyway that i do not care if they damaged it. They still would say they have liability to some extent and required proper packaging. I have sold a ton of stuff through Ebay through the years and shipped heavier items using fedex…they have certain package requirements but do a good job overall. I fear more about the laptop being claimed to be damaged on the other end and then fedex saying it was not packaged properly… even if there was no real damage. I do not trust where it is going…not fedex
Just received a letter denying my claim for lack of prof of purchase, funny thing is I included a copy of the original purchase receipt. The letter was mailed on 4/8/2011 and has to be returned postmarked by 4/18. I guess I will mail in another copy of the same original purchase receipt. What a a wast of time this settlement is.
Hope u didnt send in the original, just a copy. How incompetent can these people be?
I received my letter for replacement authorization, I am a little confused because I read about waiting to send in the laptop until Judge Ware makes a decision. In my letter it offers the COMPAQ Cq56 and the Asus EEE. I paid $1199. plus tax for my TX 1320 and am extremely disappointed to hear they are offering something that costs less than a third of what I paid! Not to mention it won’t have the features my old unit had. I tried to return the piece of junk when I first bought it as the fingerprint swipe didn’t work up to par, but I blew it because I went back in 4 weeks and Circuit City had a 14 day policy which I overlooked thinking 30 days was the deadline. I guess I’ll just wait till June to return it and check back on this site. Thanks to whoever got this informative website going. I will also call the 800 # etc. when I have time to be irritated. This whole deal sounds bogus to me. I have switched to Apple and the HP laptop lies dead in the closet….
I got my authorization for return today. My only concern is the form I had to sign to GET it…second paragraph apparently requiring a signature stating that I waived my right under California’s (I forget the law number something like 5034) law which would keep me from getting a BETTER computer if that legislation prevailed.
And THIS laptop was already a replacement for ANOTHER screwed up HP laptop which, although a good deal (so I thought at the time) was still $1200 before discount.
Anyway, the waiver appeared to be a valid part of the settlement, and even if it wasn’t, I was afraid NOT to sign both places since it “appeared” to be a mandatory condition of my claim. I was also suspected that my claim might then be rejected out of hand if I did NOT sign, and I would get nothing. SO because I signed, I may be stuck with the low-ball CQ56.
BUT, maybe not, as that in itself could be litigated as a deliberate action by an Officer of the Court (any attorney) to suborn attempts for enforcement of a “fair” settlement, INTENT of the Law for his OWN CLIENT.
—sort of a sneaky end-run while everybody was watching the quarterback (Ted) challenge the court for enforcement of the ruling based on a fair interpretation of the terminology.
In the meantime people are being worn down, nobody’s explaining nothing, that sneaky little “waiver” is slip into the claim form, and the Court is dilly-dallying. Hmmm…………
The goal (and predictable result) of all this prestidigitation being that this manipulation of the claim form to even be ALLOWED to include a waiver of rights, the result of machinations between Milberg, NVIDIA and probably HP behind the curtain, results in a tenth of the clients making claims, and I’ll bet everybody who did NOT sign that waiver is being denied.
Like Mike. Like Richard.
Many may be financially unable or simply unwilling to mess with an attorney, or have too many things on their plate already that they just folded and signed whatever was put before them. So they are taking the computer and living with it.
But Milberg,as attorney for the plaintiffs,cannot and should not have allowed the extortion-formatted “Claim Form” to be presented to the members of the Class Action as if claim approval is based upon whether or not you sign everywhere indicated. Nowhere on this approved”claim form” is there a disclaimer, even, that “signing the waiver is NOT a requirement OF THE SETTLEMENT”. That’s the LEAST a lazy attorney sitting back and counting his millions should do for the people whose slam-dunk case GOT him those millions.
Oh I definitely smell something foul and rotten.
Obviously there should be some kind of restriction of fees for attorneys who, WITHOUT THAT INCENTIVE TO GET FAIR RESTITUTION FOR ALL THE CLASS ACTION MENMBERS, otherwise abandon his clientS exactly as MILBERG did, as he walked away from the settlement table counting his millions.
Attorney’s fees should be based on the value of VALID claims that are processed~he should be paid for his successful services based on his CLIENTS’ successful compensations.
One can hope that this is SUCH a spit-in-your-face act by Milberg that such action is taken in the future. But then Lawyers might not touch Class actions suits, “not worth their while”.
And for all WE know this may only have been the first shot over the bow in the companies’ clever campaign to do away with Class Action suits.
But even now, WITHOUT any such restrictions against class actions, the companies are in the catbird seat~ They get ALL the money back that is not distributed (READ TO SATISFY APPROVED AND AUTHORIZED CLAIMS) to the members of the class action.
MILBERG is bought off to walk away, the clients get screwed, and it’s quite a little scam going on here.
MEANWHILE:
Tick Tock,TIck-Tock~ this VERY untimely delay, again by the very COURT SYSTEM that is supposedly the basis of our American belief in equal treatment under the law.
The Court –maybe BOTH courts involved–may well be complicit in this circumvention of the INTENT of the law.
Hmm….that may be the reason so many people are getting denied….they either didn’t sign the waiver statement or signed the form BEFORE the attorneys had the chance to modify it to include the “exclusively waiving your rights even if there is pending litigation for a more favorable decision.” California legislation.
I would think that would be extortive and …well….plain illegal to “con” someone into signing a “revised claim form” by presenting such a format as a part of the original settlement.
Milberg is clearly negligent in his duties and I would HAPPILY join a class action to get him disbarred for abdicating his responsibility as Officer of the Court and Counsel for the Plaintiffs.
But TICK TOCK….Even Judge WARE is doing a softshoe and going along with the program, or so it appears, with his delaying to issue a finding.
And the members get fed up and settle for the POS they are offered.
Perhaps we should rename our Court and its Officers “Swiss Bank Accounts R Us”
I would agree that maybe a class action to recover fees paid to Milberg is in order. Maybe take some of that 13 million to fulfill the settlement as written? Maybe that el cheapo laptop PLUS a $500 visa card????
I’d better watch out, the next thing they’ll try is giving us NVIDIA stock in exchange for what they owe us…
Very true about the people losing patience and willing to take the POS. That’s where I’m starting to go right now, considering that if judge Ware revises the suit it’s going to take around another 6 months just to get a replacement.
I wish they had some updates on the judge’s progress. Hell, “I’m getting close to making a decision” or even “Haven’t touched it yet. I’ll get on that next week” would be better than waiting for the next day to see “Nope” on this site.
Not to mention, I’m about 99% sure that when/if the judge revises the decision nvidiasettlement will take it’s sweet 2-weeks time to let anyone know. By the way, it’s been about 8 weeks since I sent in my laptop. I’m not expecting to be included in any revision, but I am getting to the point that i’d rather have a word-processing/web browsing POS now rather than nothing for the next 6 months.
I live in Illinois and I didn’t have to sign any waiver when I received my approval. Unfortunately for me I didn’t find out they had changed the replacement until after I sent my laptop in.
The CQ50 has several sku’s and I optimistically sent my laptop back because I believed wrongly (apparently) that justice would prevail and we’d get the best possible CQ50 sku.
I almost kicked myself when I then saw the next day that they had gotten specific with the model and sku.
So back to the point of my reply, the waiver may have been something specific to circumventing liability according to California law.
Anyway, I hope we have a judge who is not on the take from corporate america, and we can get what we paid for – in my case 4 years ago – only useable for about 18 months of that time.
My claim acceptance letter didn’t include the “waiver” clause either, nor did it contain any instructions on selecting between any replacements. Basically, it stated that I would be receiving a model that was compatible with what I had originally and like many of the individuals posting here; I spent close to $1900 on the laptop I sent. Since computer prices have come down, I certainly don’t care if the replacement would cost less then what I originally spent, but I most certainly do care that it may be an inferior model incapable of performing the tasks I expected from my original system. Anyway, I shipped my HP Pavilion on 3/8/11, and so far haven’t received anything yet.
This is exactly what happened to me. I sent mine in on 3/25/11 and haven’t heard anything back. Why can’t we just get honest judges/lawyers?!
@ Janet-
I agree with you about the lawyers but I think it is unfair to accuse Judge Ware that he is not being honest.
Yeah, this is a heckuva good website. Thanks to the admin.
I gotta tell you, those two opening clocks really get your attention. The count UP clock looks bad, showing today more than TWO weeks since the hearing. The time has flown by and not a peep. And there is no limit on how high UP that clock can count.
But the real stunner is the count DOWN clock. It’s like a doomsday clock. Because come Independence Day, plus or minus a few days, the first clock is not gonna make much difference. At that point we ALL will have to send in our laptops regardless Judge Ware. There IS a limit on the count DOWN clock. It cannot go below zero.
I really hope The Judge rules long before Independence Day. It’s just that there is no guarantee he will. No power can compel him to do so.
And that count DOWN clock just keeps on counting down.
Has anyone submitted a complaint to the Bar assoc. about the class attorney and their lack of care and due diligence?
Better question to ask is whether our attorneys have errors and omissions liability insurance?
Over half a month with no ruling? From a judge that’s probably in the pocket of a special interest group anyway? With the anti-consumer movement being widely accepted by government in our country today, I’m telling you right now to prepare for the worst.
@Jack of All
I am as pissed off and NVIDIA and Milberg like anyone else (probably more because I am spending money to keep this site up) but do you have any proof that this judge is “in the pocket of a special interest group”? And what specific “anti-consumer movement” are you referring to?
Life is more enjoyable looking at glasses as being half full
I’d agree with you Admin, there is NO benefit to accusing the Judge of any kind of leanings either way or venting frustration with NVIDIA or our “supposed” attorneys on him. We don’t know him and I’ve not seen any synopsis of his past rulings so you don’t have any indicator of where he might go with this but accusing him of “being in the pocket of” or “on the take from…” does us no good and in fact could alienate anybody who’s leaning our way. Don’t think that Judges,staff etc won’t read what’s here and talk, they’re just like everyone else wanting to read the “other side” of the story.
I have to hope for the best as life’s too short to walk around negative all the time.
An interesting passage from the Law Technology News:
Since 2009, the conservative activist and tort reformer Ted Frank has kept himself busy as a sort of rogue plaintiffs lawyer, representing objectors to class action settlements that, in Frank’s view, provide more benefit to class counsel than class members. As we’ve previously noted, in the last year, federal district courts have rejected at least three class action settlements Frank opposed through his pro bono Center for Class Action Fairness.
I don’t see anyplace that Mr. Frank has disclosed his background in this website. I would certainly like to see a disclosure of Ted Frank’s conservative tort reform advocacy and filing losing objections to settlements.
@patmcgov
This site is wholly paid and operated by me. Other than being a client of Ted Frank, I do not speak for him nor does he ask me to speak on his behalf.
His website, The Center for Class Action Fairness has the same identical information you referenced.
I’m not interested in keeping scores as far as his track record goes. He was the person who stepped up to the plate and filed court briefings on our behalf pro bono.
If you are not happy with this free legal representation, you are certainly within your rights to hire your own lawyer and file separate briefings.
Thanks.
Offer accepted.
You do not represent me.
I will file a complaint with the California Bar if my name appears on any pleading filed by you.
You will never see any legal briefings from me because I am NOT a lawyer
Firstly, I don’t think Mr. Frank has any direct involvement in this site other than hosting it. A very minimal amount of research would have turned up the fact that he has lost a few cases. Though he is most notably recognized for successfully objection to the class action settlement in the “Grand Theft Auto consumer fraud case” where class members would have received less than $30,000, while the plaintiffs’ attorneys would receive $1 million in legal fees.
Secondly, though I don’t personally agree with Mr. Frank’s politics. I do believe he is actually trying to help the people that he represents.
@Ender-
Please note that I paid hosting, domain registration, online form fees, etc. out of my own pocket.
I am not paid by anyone or any entity nor do I have any advertisements of any sort.
Please click on the DISCLOSURES tab for more info
I was defending Mr. Frank, not putting him or this site down in anyway. I am very grateful for you and Mr. Franks diligence in this matter. I apologize to you, I was wrong in stating Mr. Frank was affiliated with this site. No offence was intended. As for the political stand point. Like you said it is irrelevant to the case at hand. I am sorry if I was not clear in my support of This site an Mr. Franks Efforts.
Hi Ender-
I should be the one to apologize to you. When I re-read my reply to your comment, my sentences came off as being rude and abrupt which was not my intent.
I was just trying to reinforce that this site is not in any way affiliated with Ted Frank (but I am a client of Ted Frank for this NVIDIA gpu litigation).
Thanks again for your kind words.
Ted Frank advises Dick Cheney, vetted Sarah Palin, and is a fellow of the American Enterprise Institute? I would have liked Mr Frank to disclose his background before soliciting my personal information for this motion.
Nobody on that list has any interest in consumer protection. Their idea of the free market is why we all have high end HP computers that HP doesn’t have to fix.
Please remove my name, email and any personal information from your fake website. You do not represent me in this case.
I am Fedexing my computer to the court administrator tomorrow.
@pat
Wow, so the idea of free market must exclusively belong to democrats? Is that why it received hefty sums of money from Milberg (google “Milberg LLP political contributions”)?
If you are too proud to accept a help from someone because of his or her political affiliation, that is your choice but it does not give you a blank check to start accusing anyone without a shred of any evidence.
Unlike Milberg and NVIDIA, I have never attempted to hide anything on this site. What proof do you have that qualifies my site being a “fake” site?
Feel free to troll some political hack sites because this site exists to let everyone, including democrats, republicans, independents, libertarians, etc, voice their displeasure about how we are are all equally getting shafted by NVIDIA and Milberg.
Ahhhh, I see where this is going! Another left wing attack on anyone who might seem conservative? His politics have NOTHING to do with his job in this case. Maybe you’d be more comfortable going to the ACLU or Michael Moore for assistance?
I apologize Admin, I get heated when people attack for pure political reasons…
Pat: I’ve never spoken to Dick Cheney in my life, haven’t spoken to Sarah Palin since 2008, and left AEI in 2009 to litigate full-time pro bono on consumers’ behalf, where I’ve won millions of dollars in cash (not coupons or computer replacements) for class members getting shortchanged by their attorneys. You can’t possibly identify a single case where I’ve worked against consumers’ interests, but I’ve never asked you to be my client or ever even talked to you. My only involvement in this website is this comment.
I really do not care about Mr. Frank’s politics. We are getting the short end of the stick here – typical in American courtrooms for the most part – but I am willing to ride this out. The judge did order the plaintiffs to make good on our systems. Nvidia & Milberg have not done so and Mr. Frank is attempting to point this out to the judge. What his other motives are I do not know.
Maybe HE has one of these junk netbooks!
Maybe the judge will side with us, maybe not. But I am willing to wait for the judge’s ruling until I must send mine in. Some of you do not want to wait and that is your right, and perhaps those of you who already have sent them in will also benefit should the court rule in our favor.
Regretfully lawsuits were intended to right wrongs, but now they mostly reward law fims and the winners are often losers just as much as the losers themselves. I won a lawsuit for crappy construction and won, but after paying nearly $3,500 to sue him, I have not seen any of the money awarded to me. Maybe a losers pay system would be a good idea.
If Mr. Frank is willing to try and help us – whatever his motivation – but it DOES end up helping us, thanks Mr. Frank.
Score one for the little guy this time.
If not…we trade in junk for junk and move on begrudgingly.
@Joe
Thanks. Much better than my feeble attempt!
I really do not understand why some people are just %%%%.
If you have a problem with Ted Frank, find another lawyer. What matters his background especially as a lawyer?
I bet if he has a driving record you prolly will blow that out of proportion too. He is representing a proper cause. You might as well decide to defer totally from pursuing this cause because Ted frank is involved as well if you have a problem with him.
Fortunately there is nothing your negative opinions can do at this stage other than to be reflected on this site.
I am confused about the current status of the case Ted Frank is pursuing-
Has an extension been granted for those that did not get to file? I keep seeing some dates and deadlines being mentioned.
I am a HP laptop owner that got the information about a week after the deadline.
SOMEONE ENLIGHTEN ME
@Benjamin
Judge Ware has all facts; we are simply waiting for him to make a decision. Ted Frank’s motion asked for similar in kind and value replacements as well as a claim filing period extension
Richard stated:
“If all of us would sue Milberg in small clams court we would keep him tied up in court for years. I cant believe he got 13 million to settle out of court. I’ll see him in court.”
Nah they would just have a standard response letter that would be sent to the presiding judge. They wouldnt waste their time, why would you when your that loaded.
They may send a highly billed Jr Lawyer to represent, if they need a break on their taxes. They’ld probably make money off your small claims.
I’d love to see someone post how we’d write up the small claims action, how to cite, plead it and what damages we’ve got a right to as class members so the small claims judge takes it seriously. Do we sue in CA or the state we reside in or the state we purchased the unit in?
These are answers we could really use! A few hundred (or thousands) of these would certainly make a law firm sit up and take notice and at the least lower unemployment figures as they’d have to hire more minions to answer ‘em…;-)
@ Jim-
Generally, you would put in for claim via your local small claims. The tricky part is to make sure that NVIDIA has a “presence” or location within your state.
Can anyone else chime in?
Ted Frank says: “Note that HP owners still have hope for eventual justice if we lose this motion. I’ve been talking to plaintiffs’ lawyers about Milberg’s conduct in this case, and Milberg’s malpractice insurer ought to be hoping that Judge Ware rules against NVIDIA. ”
Milberg and their hired experts are in a very vulnerable position. I would not like to have to explain the bilge in the expert’s opinions in court. I would especially like to hear their explanation for the unattributed benchmarks. A suit against the Milberg firm would be most entertaining. I’d like to see attorneys as defendants.
When my attorney gets out of jail, I may sue them myself!
I have two dead laptops and every now and then play around trying to get them to work. I ran into a guy at a auto parts store who told me about this Nvidia thing. So from what I’ve been reading, I’m pretty much screwed over. I’m just curious why they were allowed to continued to market and sell a defective product.
One thing for sure, I won’t ever buy another laptop with an Nvidia chipset or graphics processor!
@Henry-
We are hoping that Judge Ware will re-open the claim filing period.
Please check back here often for any updates…
I too am very disappointed with the direction this HP/Nvidia issue is taking. I am no computer expert, but just a consumer who is very upset. With times being as they are, to most people their dollars are very valuable. As a retiree my husband and I have always taken time to research products to find best value with the best track record for reliability. I had a HP desktop which was very reliable and thought the HP laptop would prove reliable as well….bad decision! Since I paid $1100. For my laptop, I am not willing to settle for the cheap replacement. I, like most people have already spent money buying a replacement. We chose an Apple computer and are making “no interest for 18 months” payments at Best Buy. We would be happier to have a MONETARY re-imbursement to help with the expense of purchasing a replacement computer. At this point why do we need another computer? Do they really think we have been sitting here for the last year with no computer? I know the original notice said we would be given a computer of similar kind and value, but since they have failed to adhere to this, then in future negations, if any, I would like to see a choice of a true replacement or cash value- our choice. Everyone’s circumstances are different.
I have to agree with many of the comments on this forum. NVIDIA has taken advantage of the system long enough. If they honestly feel that their proposed replacement is worth while, then maybe we should receive monetary compensation for our LOSSES my unit cost a little over 900 so why on earth would a $300.00 piece of equipment be EQUAL in any way shape or form. If the Millberg Firm honestly feels that their actions are in accordance with the settlement, then perhaps a smaller pay out would be in order for them, instead of 13+ million, perhaps only pay them 30% of the total compensation they seek, since that would be approximately what the bulk of us would be receiving with this settlement (that is a unit roughly 30% of the total value of most of the units we payed for). But again, i am glad that the Judge assigned to this case is taking his time reaching a decision, it makes the rest of us hopeful. And for the record i was notified of this settlement ONE TIME and one time only via mail correspondence. I have never received any other documentation pertaining to the settlement other than my letter giving me directions to send my unit back after it was approved. Like many others i sent it out and just now found out about this forum. I can only imagine how incredibly frustrating this must be for those customers who didn’t even know about this settlement AT ALL.
Unfair and very underhanded on behalf of NVIDIA. Honestly, HP should step up to the plate and demand their customers are treated fairly, because i can tell you with 100% conviction that i WILL NOT be purchasing another HP computer and will not recommend my peers and/or family to purchase from them either. its not the company but if the company is not taking any Q&A provisions then its almost as bad as condoning the actions of NVIDIA.
Extremely disappointed (but hopeful of the judge’s final say).
I want to thank you for looking out for us. I also spent $1,049.99 for a DV9200 17″ HP computer. I followed all of the directions and hoped for the best. Only to find out they want to send me an entry level laptop as a “similar in kind and value” replacement. I’m glad I stumbled upon your site. Again, thank you.
whew. Just got done reading all this. I really feel bad for most of you. My laptop is about on par powerwise with the Compaq, but there are features on mine that I would miss on the Compaq. So no, it’s not of like and fair value to what I’ve got also. Thank you Ted and admin for setting up these sites and doing this on our behalf.
BTW – you ever have a conversation with someone about one thing and somebody comes in and starts mouthing off thinking they know what was being talked about, but in the end it had nothing to do with the context of the conversation? Instead they come off like an ass (another word for donkey if this gets bleeped) and you’re left wondering if they even understand what is being talked about. Kind seems like what happened when patmcgov chimed in here. Sorry, but that was good humor. People like him make me laugh, but ok, ok, time to stop trolling. Move on pat.
I stumbled onto the original web site while trying to find solutions to the problems my HP tx1000 was having. It seemed pretty good and I filed for a replacement and received authorization. By then the alternative to the piece of $h1^ Compaq CQ56 was in play and I tried to find specs on that. Meanwhile my shipping package arrived and, like many, I heeded the implied urgency and sent my paperweight back. I came home from that trip and stumbled onto this site looking for specs on the ASUS piece of $h1^. Fortunately I did not choose a replacement. I suggest that anyone who has returned their useless laptops also not choose a replacement and hope that any upgrade to the settlement will therefore be available to them.
As an aside – any intelligent, educated American who believes either Democrats or Republicans give a $h1^ about him or her needs to educate themselves to 21st century realities. That includes Presidents, Senators, Governors, Mayors, Judges, in short every elected or appointed government agent. They all report to $
Mr. Frank has been posting regarding this matter. Rather than parrot everything he has written, here is a link to the discussion forum where he posted:
http://forum.notebookreview.com/hp-pavilion-notebooks/541751-nvidia-class-action-fairness-hearing-tomorrow-almost-time-make-claim-238.html
I thought some of his most interesting comments were regarding Judge Ware’s workload and priorities.
What angers me the most is I sent in a computer I paid $800.00 for and I have no computer, no response, and no reason to believe that this is going to turn out fairly for me or anyone else who was impacted… I have little faith that this is going to go well, as it has not gone well thus far. I have waited several years for justification for a product I was sold that hasn’t worked since the first year I purchased it. I held onto it in hope that someday it would be made right. Sent everything back to them just as they asked, in mint condition (as I was never able to really use it due to their faulty chip)…. and I have nothing to show for it. Really get’s up under my skin and grinds my gears. I want an answer… not tomorrow, but months ago. What’s taking so long, and why can’t they uphold their promise to supply us with something of EQUAL value? B.O.G.U.S……
i am extremely dissatisfied with the 2 choices i was given to replace my HP notebook. i spent $1400.00 on a computer that has not worked well since i purchased it, and they offered two possible replacements valued at under $400.00. with a difference of a thousand dollars in price i suppose i should not have been surprised that both of them were missing major components that were on the model i had initially researched carefully, and then purchased. the difference was so tremendous that as i deliberated on what choice i should make, the claims period ended. does anybody know which of three crappy computers should i have chosen? i sure don’t .i do know that apple will have my business next time i make another computer purchase.
do people really think saying they will do something is the same thing as actually doing it? equal value, my buttocks.
What’s really funny is the daily “special” on WOOT today is a HP Pavillion 17″ entertainment laptop (refurbished). Wonder why it’s refurbished? Any thoughts??? Ha!
You know, if it wasn’t a refurb, and more importantly, if it wasn’t HP, that would be a heck of a deal!
Has anyone gotten their crappy replacement laptops yet? I sent my HP 6 weeks ago and haven’t heard anything. I’ve tried calling the center and nothing! No one answers even when I try “0.” I knew I should have just ordered some new parts =/ It would have been cheaper and without any issues.
I needed help today so I telephoned them. Called roughly mid-afternoon. Listened to the message for ten or fifteen seconds, ignoring same, then pressed “O”. The rep came on the line quite quickly, almost immediately. Rep was helpful and courteous and solved my problem.
What can I say? I have no complaints.
Certainly, I would not encourage others needing help to avoid calling.
What a grind. After finally giving up on the expensive laptop I purchased, which was constantly breaking, I receive a postcard letting me know that everything would be OK…that the wrongs would be righted. Now the rug has once again been pulled from under my feet….a Compaq digital calculator that I can browse the web with, Really? Hanging from a single thread now, waiting weeks for a seemingly arbitrary decision. Will I get the Compaq that will be a nice present for my aunt, or will I get an HP that will be immediately sold-off on EBay for IPAD 2 cash?? Stay tuned
Don’t feel alone. My problem child HP was the laptop that drove me to switch over to all Apple stuff. I will take what I can get and what I am entitled to. I am typing this on a IPAD though. I still am not FedExing my HP to the claim center until we get a ruling or late June… Whatever comes first. I don’t see the hurry because they have shipped nothing back anyway.
Is there something that people can do if their laptop died after March 14th deadline. I filed the claim in any case for my dv9700t.
@Monsh-
Unfortunately there is nothing you can do for now. We are all hoping that Judge Ware will re-open the claims filing period.
BTW, check your computer model; I don’t think 97xx was part of the settlement, which means you can pursue other legal remedies (like small claims court)
Thanks admin for your reply !!!
Would you know how to proceed for a small claims court ?
Wow it looks like a few trolls have visited this site.
always a few trolls everywhere. So many people have little to do except wanting to stir the pot…find things wrong with everything…
there is a conspiracy against justice and everyone, judges and lawyers are ganging up on them. The day I become so cynical I will cash it in. If it was not for sites like this and the people that run it.. I would know nothing about what is going on. Thanks to the people that control this site. Do not let the trolls get to you. Take the high road. There are plenty of low roads for them to get through life’s journey on without venturing here.
Still waiting on a ruling. I got my tx1000 when they first came out. The logic board has been replaced twice. The third board failed about a year ago. I paid $1900.00 for a big paperweight…
Come-on Judge do something for the little guy and not BIG business!!!
I just recieved my craptop yesterday, 4-15-2011 via Fedex, so the replacements are being shipped. I originally mailed my faulty laptop to them at the end of February. It is substantially weaker then the laptop I had, and I’m going to sell it on eBay and buy a real laptop. It is just as pathetic performance wise as the specs predict. I may wait another weak before selling it to see if I will get a better laptop after the Judge gets off his butt and makes a decision. It is the Compaq CQ56.
well I gss ey are starting to ship. You are the first I have really heard that has gotten one. I would hang on to it a bit but not much market for it on Ebay….. Look at what Best Buy is selling it for..http://www.bestbuy.com/site/Compaq+-+Presario+Laptop+/+AMD+V-Series+Processor+/+15.6%22+Display+/+2GB+Memory+/+250GB+Hard+Drive+-+Basic+Black/1271897.p?id=1218245812097&skuId=1271897
GUYS GUYS GUYS judge will not re open the case way too much money involved in this now and everyone got paid and were geting a working paperweight in replacement only thing we could do is to file another suit if anyone wants to do that im in
So am I! We should find a lawyer that will handle a claim against Milberg, Westerman, settlement admins et al! Does ANYONE here know how to go about that!?!
The release form we have to sign says that we can’t go after settlement administrator or nvidia but it DOESN’T say anything about Milberg.
I was googling and found a few interesing things about Milberg. If there is an action against Milberg this could help.
===================================
At the same time they were “representing” us they were going after Nvidia for investors. That sui said Nvidia hid the knowledge of defective chips to keep stock prices up.
from http://in.ibtimes.com/articles/74927/20101023/nvidia-securities-suit-dismissed.htm
“The U.S. District Court for the Northern District of California has dismissed a class action suit against NVIDIA that accused the company of trying to hide its knowledge of defects in a line of graphics chips, in order to keep the stock price up.
In a strongly-worded opinion, Judge Richard Seeborg said the plaintiffs did not establish that there was any evidence that the company knew that its chips were defective. Further, the opinion notes that some of the evidence presented by witnesses was from people who did not work at the company and were not in a position to know if the chips were defective or not.”
=======================================
This isn’t the first time that there were shady dealings at Milberg. They were fined $75 million for a lawsuit kickback scheme. They made secret deals to share fees with some class members. They have 5 years to pay – starting June 2008.
Several members of the firm went to prison.
There are quite a few articles on the NY Times Blog DealBook:
http://dealbook.nytimes.com/?s=milberg
Make sure you click on the previous button at the bottom of the page for more articles.
An excerpt from one of the articles in the New York Times DealBook:
“The settlement with Milberg reflects the seriousness of what was probably the longest-running scheme ever conducted by a law firm,” said Thomas P. O’Brien, a United States attorney. According to his office, Milberg paid secret kickbacks to plaintiffs in more than 165 lawsuits over 25 years that garnered nearly $240 million in legal fees”
=======================================
This is not the first time Milberg had a class action suit against Nvidia – they announced on business wire on February 19, 2002 they commenced a class action on behalf of purchasers of NVIDIA common stock. — Castaldo, et al., v. NVIDIA Corporation, et al. 02-CV-00853
http://findarticles.com/p/articles/mi_m0EIN/is_2002_Feb_19/ai_83062489/
Case was dismissed or settled. I don’t have enough access to the documents.
=======================================
More interesting links found at: http://www.pointoflaw.com/cgi-bin/mt/mt-search.cgi?blog_id=8&tag=Milberg%20Weiss&limit=20
This is very interesting! But I’m confused about what release? I never signed a release. I think a class-action should name Milberg, Westerman, HP (who’s customer support is still denying there is a problem with these notebooks!), Nvidia and the administrator. I never signed a release indemnifying anyone against anything! By remaining in the class, even though I didn’t know I was remaining in the class, I apparently gave up my right to sue over the faulty chip. I did not however give up my right to sue over the fraudulent administration of this settlement. I signed up for emails on the settlement website and NEVER received anything about claim period or anything. I called the administrator who said I should have known- even though the didn’t tell me! I also tried to file a claim in the first two weeks the period was opened (I found out on my own even though I should have received an email).
I also did not give up the right to sue HP and Nvidia for endangering our safety when it was discovered these machines get dangerously hot! They should have been recalled, period!!! I received a 1st degree burn on my arm when I fell asleep next to my computer. HP and Nvidia knew about this overheating before I was burned. I noticed people talking about it on HP’s forum before I was burned!!! This is unacceptable.
I’m glad I haven’t sent my Tx1xxx in yet. I think if we all try to sell our replacements on ebay we will just be competing with each other. It comes down to who wants less money. I am keeping my fingers crossed and hoping Judge Ware come through for us. I believe in him and you guys should too. If he just jumped to a conclusion right away then that makes it easier for the “darkside” to appeal. I’m glad he’s taking his sweet time. Remember all “Patience is a virtue.”
OK… How about this Millburger… How about you put a comments section on your http://www.nvidiasettlement.com web site and see how many objections and complaint you get then…
I have voiced my complaint via phone and have recommended you put a comments section or complaint section up on your web site…. But no avail…
Are you afraid????
Everyone, Call or right to them and ask them to place a comments section on thier webpage so that we can direct the judge to see how many people are really complaining. They have the website that most of us are familiar with and aware about already. Put up a section to comment and complain to and where we can all see as equal class members what kind of complains are really pooring in…
I don’t think they would ever do this because of the large negative responses they would receive… Can we mandate that they do something of this nature Admin????
Thanks for this information. I have 2 HP Pavilion laptops. One doesn’t work at all, so I will send it in. The other works okay except for difficulty at times accessing wifi. I’ll just hang on to it unless something comes from this latest review.
For the one I will send in, can someone tell me the best way to copy all info and then wipe it clean?
Amy,
you can keep the hard drive per the settlement agreement a couple of screws and your done.
dlfngrl, do you have it in writing that the hard drive can be removed? If not I think we should have it before we send in computers with drives removed. We don’t want to give them a reason to nullify our claim.
There is indeed just two screws only needed to release the cover to remove the hard drive. Here is a big but though. The hard drive just lifts out then but the item that comes out is more than just the hard drive. It is an assembly that contains the carrier for the drive that is secured by 4 screws AND a plug connector adapter as well. While the hard drives are allowed to be removed to protect your data… so it says in the FAQ on the settlement site… they discourage it. It leaves the question of what happens if you do not remove the drive from the carrier and return the carrier and adapter and the 4 screws? Mine is sitting on the table… with the hard drive removed and the carrier and adapter connector and screws replaced. Could it be possible for a denial of replacement if these items are not returned? I am not taking a chance.
Kevin please check Pm s @ nbr
thx
I got a notice of deficient claim for part of my reimbursement claim. They take their time in responding to us but they only gave me a few days to respond. Their notice came with a postage paid business reply envelope. I didn’t use that because I wouldn’t have proof of mailing. So I put it in another envelope and registered the letter.
I would recommend the same for anyone who sends anything to the settlement administrator.
The reply envelope listed the company name as Rosenthal Settlement, not the Nvidia GPU Litigation name most of the correspondence has had. I googled Rosenthal and discovered that they’re not Rosenthal anymore. Now they’re Kurtzman Carson Consultants – http://www.kccllc.com
They list our case as The NVIDIA GPU Litigation (Feinstein v. Nvidia) in their representative case studies list and the link goes to the official settlement site – http://nvidiasettlement.com/
Admin, I have email addresses and phone numbers for the folks that are overseeing the Nvidia settlement. Don’t know if they should be posted here or not. You decide. I’m writing to them to confirm that we can remove hard drive. I want that in writing.
Katie Horton – Senior Consultant
T: 415-798-5919
khorton@kccllc.com
“Over the last three years, Katie has managed the settlement administration for cases including Mahoney/Kid v. AT&T, EEOC v. Outback Steakhouse, Marsikyan v. MBUSA and the Nvidia GPU Litigation settlement.” from
James Sean McGuire – Senior Managing Consultant
T: 415.798.5912
seanmcguire@kccllc.com
“He has played an integral role in the TD Ameritrade and Feinstein v. Nvidia class action settlement administrations.” from
http://www.nvidiasettlement.com/faq.html#cQ22
Here is the part of the settlement website that states it.
Also, if you want a faster answer, probably e mail Jeff Westerman, the Milberg person overseeing the settlement, his email address can be found in the Contacts at the top of this web page.
I was first told by the administrator that the waiting period for a new replacement would be 4 to 6 weeks, then 6 to 8 weeks and today was told it would be 8 to 14 weeks and the response is scripped. That is code for I would get it when I get it. Lets face it, we may be the damaged party, but we do not pay the freight.
Rosenthal (administrator) was sold to KCC. Kurtzman Carson Consultants Jon Orr, President direct number T: 310.751.1823 jorr@kccllc.com
My suggestion is e-mail the law clerk for the Judge as that will shine the light on the problem.
I got no where with Milberg, except an attitude.
Thanks to the Adm of this site and Frank
I received the email that I met the requirements however, I have not received a box to pack it in or any other instructions yet, am I missing something?
You should soon receive a letter telling you how to get the packaging materials at FedEx and what to do thereafter.
Thank you
I also just got my replacement CQ56 this morning by Federal Express (7a.m. on 4-18 to be exact, Eastern time). I’m not going to even open it up until the judge makes a decision. I hope I will be ab;e to send it back for a replacement that lives up the the agreement. Right now I feel like I was conned, big time.
I haven’t received mine yet, Carl, but I completely understand and agree with you on feeling conned.
You were conned. This is a big mistake to assume that these Nvidia and Hp owners are going to be satisfied with this compaq notebook. This goes beyond taking advantage of their own miscalculation to sell their product as a perfectly good product while knowing it was flawed. I would be totally surprised to hear that they change the replacement now, although if they do, it will be a plus for us. I really think that this is a done deal. I truly hope I am wrong.
I was going to sell my replacement, but I think that the selling market will be full of Compaq CQ56 notebooks. May be able to sell locally but again, who wants a fairly old notebook that is only a single core processor. They were obsulete when I orginial purchased my faulty HP notebook, which was at least a dual core processor. What a ripoff of a deal. Where can I buy a bumper sticker protesting HP and Nvidia products?
For those that had their laptop shipped, did it have a tracking number that could based off of the claim number or just a random number?
I filed a claim 2 days BEFORE the official start of the claim period for replacement of HP/Compaq computers. I received the voucher and instructions for returning the computer on Feb. 19, 2011 and sent the laptop in the same day. It was received in CA at 8AM Feb. 23, 2011 and I was just told today, when I called the toll free number at the settlement site, that NO computers have been sent out at all and won’t be until at least the first week of May. May I ask when you filed your claim and sent in your old laptop? I seem to be getting erroneous information from the administator’s office.
BTW, the waiver you effected when you sent in the old laptop is binding and the judge CAN’T change that without reopening the case, which is NEVER done, so you, like me and many others who never heard of CFCAF’s motion until after sending in the laptop are just ass out. If I ever get the replacement, I’m not going to open the box, but put it up for sale on eBay and take whatever I can get and apply it to the cost of an Acer Aspire Blu-ray, dual core machine at Walmart for $498. It’s many times better than a CQ56-anything.
Unbelievable!! I actually managed to follow every rule, request, requirement and whatnot to a T; with the final hiccup occurring ON THE DAY AFTER PROOF OF PURCHASE WAS DUE!! And thanks to a psycho ex gf and a sick mother, I moved across country twice, changed emails and phone numbers countless times, am actually part of another Class Action suit vs the possible creditor for the card used to purchase my dv6258se, and HP says they are unable to locate any information that I could use as Proof of Purchase.
Go Figure.
Anyone have an ‘extra’ Reciept, Shipping manifest, statement, or other for a Pavilion 6258se they care to share?
Ask the credit card company for a copy of the statement for the month you bought the computer.
@Carl
When do you shipped your laptop? Does it take 10 weeks before you received the replacement?
I shipped mine the last week of February. I did not remove the hard drive, and the instructions I was provided said to only erase/backup your data. Nowhere in the paperwork did it say it was ok to remove the drive, as I guess it does with later paperwork. I could not ship it according to the instructions, Fedex wouldn’t allow it. I had to use my own packing materials from a previous laptop repair. I don’t think this debacle could be any worse. Oh wait, we haven’t heard back from the judge yet.
I shipped my laptop on Feb. 19 and am being told no laptops will be shipped for at least 10 weeks (and today I was told possibly 12 weeks). How did you ship your old machine AFTER I did and then receive your replacement BEFORE 8 weeks had passed? Are they just doing this stuff willy-nilly?
I looked at the best buy reviews as per the link above and it is exactly what I expected it would be. Most people seem to like it and it has generaly good reviews, but if you read the reviews, they are using it mainly for light gaming, surfing, e-mailing, etc… Most of us bought the laptops we did because we needed more than just a basic laptop. Some of you seem to use it for heavy business apps or multimedia creation which puts this laptop in the crap bin. Definitly not of like and similar kind/value (or however they worded it).
@ curtis,
try the hp website and register your computer. the admin will accept that as proof of purchase.
I am amazed that people are receiving their craptops so soon, especially considering both of the above say they mailed them in at the end of February, I mailed mine on 2/12/2011 before the whole fiasco about the similar and equal, and have received nothing. I submitted my reimbursement claim 1/24/2011 and just last week received a letter that I did not submit a proof of purchase, You would think the whole thing would be a first in first out, but they can’t even handle that much. I hope the judge makes a decision soon, before they ship my craptop. Right now I am using a 2003 dell laptop which is probably way more powerful then the POS they are going to send.
Oh man, i just found out the other day about the nvidia settlement and i guess I was just to late its just not fair, hp didn’t tell anyone about such settlement, I wasted about 1000 dollars on this laptop, I bought several years ago it’s a total ripoff I just hope the judge can reopen the settlement although i find it strange that my laptop model dv9910us is not listed in the affected models this is just not fair.
just like everybody i just happen to find out about the settlement but the dead line is passed i checked on there website my tx1320us was eligible had a nasty argument with HP they are saying the same thing nothing we can do.she told me the only thing they can do is knock $50. on my next purchase people stay away from HHHHPPPPP. thats all i have to say.If you need to see your s/n check this link http://www.nvidiasettlement.com/pdfs/NVF_NOT.pdf
Add me to the list of receiving the cq56 craptop. Had to sign for it and didn’t even know it was coming. They could at least notify us that it has shipped. I reformatted it because it comes with x64 Windows 7 and only 2GBs RAM and some bloatware. Installed x86 Windows 7 and it runs much, much better. To install a single core craptop with 64 bit OS and 2GBs RAM is dumb. You will take a performance hit if you leave it like that. We still live in a 32 bit world so you loose performance with the 32 bit emulation, lack of memory for x64, and even if you did have 4GBs the CPU couldn’t handle multiple tasks anyway! Now that it runs well I gave it to my 13 year old daughter. Plenty good enough for her, but not for me or my wife.
@Avtar
If I hadn’t trained my wife to take a close look at so called “Junk Mail”, this settlement would have passed me up too. Chances are that many of those claiming to just now become aware of this lawsuit/settlement, have thrown away that little card that came in the mail informing owners of the class action lawsuit.
I look through every piece of mail that I receive (I don’t get much junk mail), and I can definitely tell you that I never received any notification of this settlement. Fortunately (if Judge Ware rules in our favor), I found out about it late last fall while searching for ways to fix my computer.
I got an email about the law suit in August, 2010 which was sent to my junk mail folder. Had it not been my practice of checking each “junk” email to make sure it ‘was’ junk, I’d have NEVER known about this fiasco at all. I only accidently found out about CFCAF’s motion, but unfortunately for me, it was AFTER I had sent in my old machine. I sent in my machine before several people on here say they sent theirs and still haven’t received anything and was told by the settlement people TODAY (4/19) that it would be at least 3 more weeks before ANY replacements were shipped.
My sense is that the CQ56, love it or hate it, has been superseded now in the HP lineup. At one time the CQ56 pretty well anchored the low end for HP. No longer.
I once thought nVidia might have to pay as much as $225-$250 for the CQ56 laptops they buy for us, that being a large quantity price. But now, with these laptops essentially being leftovers, I suspect nVidia’s cost will be much lower.
At the same time, and much worse:
When we go to sell these CQ56 laptops we’re going to take a significant haircut. And the longer this drags on, the closer will be the crop. CQ56 laptops are a vanishing asset, worth less with each passing week.
Hence:
If Judge Ware rules in our favor it will be great. But if we lose, we are going to lose BIG TIME! And the longer it takes, the larger will be our loss. The CQ56 laptops weren’t worth much to begin with. The passage of time matters, and it only makes things worse.
My best counsel for replacement recipients who wish to sell unopened CQ56 laptops: Don’t dawdle. Sell ASAP!
That can be good advise if the situation develops as you think..which it may very likely do. Mine is different however. I have yet to send my defective from day one HP in. If there is no change by Judge Ware and I am stuck getting the Q56… it will be used for one thing only. Quicken 2011. The bad experience with HP has made me an APPLE convert. The only time I now use WINDOWS for is for Quicken. I run it on a netbook that struggles with it. The Q56 is a poor basic laptop of only limited power but can most likely run Quicken better than an ATOM CPU netbook. The Q56 is not really capable of doing more than one application at a time. My HP was a much more capable laptop as was yours. I will sit on the situation until conclusion and hope that Judge Ware has the insight to see what Nvidia is doing. Regardless of the outcome.. I am done with HP and NVIDIA as much as possible in the future. Other people have their own situation for which they must base their actions on. Even an unopened new Q56 brings next to nothing on Ebay. Not when you can by a new one from a retailer for less than three hundred dollars at Best Buy. that is with a store pickup and no shipping either.
See my reply below. But, even if Judge Ware does rule in favor of the CFCAF’s motion, it is EXTREMELY unlikely that he will reopen the claims period, so if you didn’t already file a claim, you’re ass out. As for those of us who didn’t know about CFCAF’s motion until AFTER we sent in our old machines, the waiver we effected by doing so has nothing to do with the administration and so can ONLY be nullified by the judge reopening the suit and that is more unlikely than pigs suddenly taking flight, so people like me are also ass out, no matter what the ruling.
@Richard-
I wouldn’t be so quick to rule yourself out. Especially if you signed a waiver for CQ50 since CQ50 had multiple sub-models with some having dual-core processors.
If the settlement administrator sends you anything but CQ50 dual-core processor, you would have a legitimate argument that the waiver you signed is null and void (imho).
The price of a CQ56-115DX went from $450 about 2 1/2 months ago to $360 as of yesterday. The only thing on eBay at the moment that is close is a manufaturer refurbished CQ61 (they say 10 available) that is selling for $419.95. Amazon has new CQ56-115DX machines (our replacement exactly) for $357.60 plus $8.99 shipping (others up to $470 plus shipping, though I seriously doubt anyone will actually get that), but that price will probably drop fast, especially if those of us getting this craptop flood the market with them. The lowest price I found was at Best Buy for 299.99 + tax (in WA that’s 8.7% or $26.10). So, yes the price of these machines is dropping like a rock.
Hi, I have a question regarding the shippin of the computer.
Do I have to send the battery charger along with the computer?
I have heard that I can keep the hard drive? Is this true?
Thank you very much for your help, I will be refraining from sending the computer until I can.
@Sebastian-
I believe Jeff Westerman at Milberg told few class members that yes, you can keep the hard drive and ac adapter.
Just to be safe, send him an email for confirmation. His contact info is found in the CONTACTS tab
I didn’t keep my hard drive (I didn’t see that it could be removed and so bought an used 80 gig drive to put in, so I wouldn’t lose the 250 gig, 7500RPM upgrade I bought). But as to the charger and cord, there’s nothing in the instructions that says anything about returning those. I did not and according to settlement admin., my replacement has been approved. However, since I sent my old one in BEFORE many others that have already received their replacement, that may not be a done deal.
Looks like they started shipping replacement laptops out, so I will probably receive mine any day as they received mine March 2.I’m not to upset with getting the CQ56 as my old laptop was a FU-500 purchased in 2007 for about $380.00.With that said, can anyone suggest simple (cheap) upgrades, to make this a better performing laptop for all of us that are keeping them?
A key weakness is the V140 processor. But the V140 is the most powerful in AMD’s cache-starved “V” series. AMD makes some good processors. None of the good ones is suitable for a CQ56. And I doubt a MOBO transplant is a possibility, either.
It’s a pretty hopeless situation The CQ56 will do a good job for a middle school student. If you’re in need of something more powerful, DO NOT OPEN the box. Just sell the laptop in “factory” condition. Once that box is opened, friend, you have got a used laptop on your hands.
Your best bet for upgrading is to sell the CQ56 and get something better. There are many machines by several companies that would be much better, at just a little more than what you’d get for selling the CQ56 – but if you do that, DON’T open the box when you get it, just put it on eBay or Amazon. (Walmart has an Acer Aspire Blu-ray machine [AMD Turion X2 P520 2.3 GHz, 2MB L2 cache CPU, 4GB DDR3 ram, 320 GB HDD, Blu-ray + read/write CD/DVD, gigabit ethernet + 802.11n Wi-Fi, 1.3 megapixel webcam, multi-in-1 media reader and an HDMI port] for $498 + tax).
A reviewer on Amazon.com mentioned that you will only have 735MB of free memory left without any upgrade. He upgraded to 8GB and the performance was very good to him running multiple virtual machines and high end multimedia. According the HP service manual, CQ56′s motherboard should support faster dual-core CPUs like AMD P340 or P360. However, upgrading the CPU is a lot riskier than just upgrading the RAM because you would have to disassemble the entire laptop. I have the RAM and CPU ready but would upgrade to 8GB ram first and see how it works before upgrading the CPU. I bought the 8GB ram for about $55 and the P340 CPU for $26.
Be careful.
The V140 is a socket ASB2 processor. Customarily these are BGA and soldered to the MOBO.
Thanks for the warning.. According to CPU World, only the V105 is soldered. All other V series CPUs are upgradable.
http://www.cpu-world.com/CPUs/K10/TYPE-V%20Series%20for%20Notebook%20PCs.html
As many others I am just learning of this class action…seems I have bent over yet again since the deadline has passed. I spoke to a female from the NVIDIA Class Action hotline and was assured that the claim date will not be extended. What really got me was that she agreed that it was a 50/50 chance if you were even notified of the lawsuit.
It seems more and more that large companies can do whatever they want when the want and it does not matter. If they want to screw the consumer they can. With the economy the way it is it kills me that they can take your money, give you crap, and that is acceptable. I will spare you the details of the POS Laptop from HP that I was lucky enough to experience the BSOD and the WONDERFUL customer service that informed me I was just a few months past my warranty. Just gives me that warm fuzzy feeling inside…you know! Hopefully our old HP (that is covered under this class action) will continue to work. Still irks me though!
@ Michelle-
Of course that agent will tell you for certain that the claim date will not be extended. After all, they all work for NVIDIA and Milberg so they must be telling the truth, right?
Being highly paid telephone agents, they freely told people how these craptops were approved by the court.
BTW, it was not clear from your post, but did you submit your claim on time?
Unfortunately not…I sure wish I would have known.
Funny…I kept asking the lovely liar..I mean representative…if she was sure they would never Ever open the claim period back up…and she assured me NO THEY NEVER WILL…I sure wish I had her crystal ball!
Welcome to Corporate America! They can do what they want for 2 reasons: 1) They have billions to spend on defense; 2) Even if there is a successful law suit, the plaintiffs are never represented the way they should be, because the lawyers don’t give a crap about class clients and are ONLY in it for the millions they will make. Jeff Westerman of Milberg got over $600,000 for 819.75 hours, less than 5 month’s actual work, @ $750 an hour.
So I felt like testing my patience this morning, by trying to call the settlement administrator. I called pressed “0″ through all the blah blah, call was answered very quickly by a nice young lady, I asked to check the status of my claim. She very nicely told me it would be 8 -10 weeks from the day they received it. She confirmed they received it Feb. 10 weeks is this week I explained (I sent mine in before finding this website). She guiltily informed me it is now 16 weeks wait because they had a lot of computers to send out. She seemed a little flustered after realizing it has already been 10 weeks for me. I don’t think she knew what to say.
I hope they don’t say anything when I send in my computer with no hard drives, no ram, and the computer was literally chucked out a 3 story window. It’s still mostly one piece, but they are going to have a hell of a time finding any usable parts to salvage. Also this wait is killing me.
I’d like to know if they send a replacement.
just goes to show you they cannot keep up with what is even going on over there. not sure communications is too good there either….Hard to believe anything you are told by them…but maybe officially now it is 16 weeks. for whatever reason….thanks for letting us know what you found out Ender.
I called the admin office today (4/19) and was told something similar to Ender. However, several people who posted here said they already received their replacement and they sent in their old machine AFTER I did, so who knows what is going on. But as Ted Frank said, “half a loaf is better than no loaf,” fair is not an option in this country’s courts.
For me the deal killer is the lack of a number pad. I am a volunteer income tax preparer with AARP and I used my HP computer for this purpose the last three years. This year my HP died just as we were finishing training (and just in time to file a claim). The loaner they gave me didn’t have a number pad and trying to enter all those numbers was a giant PIA. I bought an “add on” number pad but the thing kept scooting around the desk and getting in the way of the mouse. If we have any input at all to possible alternative replacement computers I for one would like to make a number pad a priority.
I can hope, can’t I?
Bob H
I mailed my broken laptop March 1, and just receievd my replacment today. I will follow advice and not even open till a ruling is made. I had to sign and was given no notice that it was shipped. It was luck that my son was home to sign for it.
Sounds like a good move to me. I am not as negative as some on our judicial system. I guess because my dad was on the winning end of a patent case against a huge company.
It stinks they do not tell you when it was coming and send tracking info. When and if I finally send in my old HP it would be nice to know when to look for the new one. If it comes FedEx I can just run up the street after 4pm and pick it up at the depot… if I miss the delivery man.
Hang tough and hope for the best. We may not get done in as bad as it first appears.
So which computer did you choose? Did you recieve the one you requested or the updated model?
I can’t believe I just bought shares of NVDA. The chart told me to buy. And the chart is always right. Sure it is.
Wonders if there was anyone foolish enough to opt for the netbook? Hehe…
So, leave the replacement (if and when it comes in) unopened, and pray for a ruling on…? I’m not asking for much, as I am sure a good portion of the people here are…but I do expect something better than what they are offering. At least with a duo-core processor I MIGHT be able to do a fraction of the work I was doing before without crashing.
Emailed Katie Horton per the email supplied above to see if she had any knowledge of any changes by Judge Ware. anybody have his address? I’d love to write him a letter, too.
You can write to him in care of his courtroom deputy:
elizabeth_garcia@cand.uscourts.gov
I wrote and received a response on March 9th. She said the court issued it’s finall approval and I should take up any objections with the settlement administrator or our lawyer or Nvidia’s lawyer.
I think this was before Ted Frank’s case.
It might be a good idea to write the court now in light Ted Frank’s objection to the way the agreed settlement is being handled.
Don’t know if this would help or piss the judge off.
Let us know any reply you receive if you do decide to write to the court.
(Wonders if there was anyone foolish enough to opt for the netbook? Hehe…)
Dave keep in mind the net-book retails for more then the 56. That means that the (Foolish people) that opt for the net-book will net them more reselling it for a down payment for something better. HEHeeee!!!
Was just thinking the same thing. The “netbook” is worth roughly double what the CQ56 is worth. It really wouldn’t make sense for anyone who is planning on re-selling to take the CQ56.
Admin,
Have you heard of anyone taking out their optical dvd drive before sending it in. I’d like to keep all of my hardware except of course the faulty board with bad Nvidia chip on it? I tried looking on your and their websites and haven’t found anything besides you can pull the hard drive (which I did) and my memory sticks. They’re just going to throw them away after they verify the serial number I’m sure. Well if you could please let me know I’d really appreciate it. Hope the Judge makes his decision soon.
Best Regards,
Matt
I was told to remove the HD at my own peril, and DO NOT break
anything doing that (which would be somewhat hard BTW).
The easiest thing to break during that is THE HD!
I asked and waited for a Supervisor opinion ABOUT if the RAM
had to be left in. (IHas upgraded MYSELF I went and found the factory RAM and took my upgraded sticks out. SOMETIMES it pays to be a pack-rat.
BTW: Mine shipped directly to a used computer refurbisher or recycle
place. I think they will liquidate and salvage anything they can.
ONOTHER reason they “might” get serious about leaving the
Laptop intact. IMHO, the settlement was for a SPECIFIC problem, NOT missing or broken parts… JMHO…
FWIW: I asked three different days about the HD and was always told it was “OK”. I only asked aBOUT THE rAM once, but had the 512m sticks in a drawer so did not care…
I was told to remove the HD at my own peril, and DO NOT break
anything doing that.
The easiest thing to break during that operation is THE HD!
I asked and waited for a Supervisor’s opinion ABOUT if the RAM
had to be left in. (I had upgraded MYSELF.) \
I went and found the factory RAM and took my upgraded sticks out.
SOMETIMES it pays to be a pack-rat.
BTW: Mine shipped directly to a used computer refurbisher or
recycle place. I think they will liquidate and salvage anything
they can. Screen, Keyboard, RAM, DVD burner, Dual core CPU
and fan, etc…
That is ANOTHER reason they “might” get serious about leaving
the Laptop intact WHEN SHIPPING BACK.
IMHO, the settlement was for a SPECIFIC problem, NOT missing
or broken parts… JMHO…
FWIW: I asked three different days over months about the HD
REMOVAL and was always told it was “OK”.
I only asked about the RAM once,
but had the 512m sticks in a drawer to put back,
so did not care about loosing the smaller ones…
Admin said you can take out hard drive but they don’t recommend it because you might damage other parts of the computer and that’s a No-No.
They also said you don’t have to send the battery. Who wants to? Most of them were fried by the faulty chips. But if you have one that does work you don’t have to send it back.
In fact the gal I spoke with said they were recommending against returning the computer with the battery because of the damage that had been done to them
Well, I’m sending mine back with the computer. Let them worry about recycling the hazardous material the battery contains.
The optical drive bay of the laptop you send in must contain the correct optical drive for your laptop. Period.
This does not, however, mean you must send in a _working_ optical drive!
We can keep the memory? Where is that posted? It’s not much but if that is true, I can put it another laptop I have been using until all of this is resolved.
It’s beginning to sound like they aren’t even going to turn them on and verify the problem without hd’s, memory or batteries. Just check off the serial number and toss them in the recycle bin.
What a waste.
To bad HP could not (or would not) provide replacement boards.
Thanks
Joe
I agree with all of your statements. It’s so dumb because HP and Nvidia aren’t going to fix these. They’re going to check the serial number and scrap them out right away. One of the people I called said I could keep the ram so I don’t know if I should risk it or not. I’m thinking yes I should and I could always mail it into them. I guess I’ll just wait and see what the Judge decides and hopefully we get a better model.
Could they be selling them for parts?
I was in a nearby city yesterday and decided to visit Best Buy, as my small town does not have one. I was shocked to find that they now have the CQ56 for $299. This is the regular price, not a sale. The manager told me it started a $399, dropped to $379, and then last week was dropped to $299… I bet they will run a sale on it soon! Wow, by the time we get ours, if left unopened, we my be able to sell it for $100 bucks, if we are lucky enough to find a “taker”…every day I become a little more disappointed with this entire process. The manager says they only carry their computers for three months….then they switch out for a newer model. So by the time we get our piece of junk…it will probably be obsolete….that’s probably why the delay,they’re waiting to sell all they can at top dollar and then we will get the surplus.
You know, you might be on to something there! I asked today why it was taking so long for me to receive my replacement and was told that they are being ordered as they are approved, but that it will take up to 14 weeks to receive it – are they being delivered by bicycle messenger, or what!!! When I bought the old one it was delivered in 5 days by STANDARD FedEx, they approved mine on Feb. 24, it’s now been 57 days (or 8+ weeks), I could have walked to where ever they’re being sent from, picked it up and walked home by now. But, what you suggest makes perfect sense and would be something that HP would do. We actually might end up getting a better computer if the things sell out before July 28.
I can’t find this model on the Compaq (or HP?) site, so it is ALREADY
obsolete. I never dreamed they still made single core machines.
I’ve seen on here that several people have already received their replacement computer. However, I just got off the phone with the administrator’s office and they tell me that NO computers have been sent what-so-ever!! Are all you people just blowing smoke up our ass? Do you just feel the need to see your comments online? I was one of the VERY first to send in my computer, yet several people on here have said that they sent theirs in AFTER I did and that they have received a replacement. Every time I call, they tell me it’s going to be 2 more weeks than the last time I called – first it was 6 – 8 weeks, then 8 – 10, last week I was told 10 – 12, and today it’s 8 – 14. DOES ANYBODY KNOW WHAT’S GOING ON!?!
Information posted on the Internet is subject to exaggeration. Who knows if anyone has received anything for sure but most likely they have. The administrator call center is most likely just trying to appease you. I doubt that they have been practicing first in first out. Most likely whichever pile they look at first. Why should this be done any different from anything else in this whole mess.
I have questioned the authenticity of the individuals claiming to have received a “craptop” already. I think they are trying to make us think we are fighting a losing battle. So that we will give up our fight.
Eugene,
The last time I called about replacement shipping I was told that zero replacement computers have been shipped, but the same person told me that they were ordering the replacements as the approvals were done. If the second were true, then I would have my replacement as my approval was made on 2/24/11. So, it does appear that the people at the call center have no clue as to what is actually going on. I think that Barbara (above) may be on to something in her comment. It would make the most sense for nVidia to hold off ordering the laptops until they know exactly how many they will need, as the more they purchase at one time, the lower the price per machine. If that is the case, then those who say they received one are surely not telling the truth. It would behoove nVidia to wait until July 28 before ordering anything. However, as Barbara points out, the machines are losing value by the day. So, if nVidia waits until HP sales of the CQ56-115DX falls to near zero, then the machines become obsolete and nVidia can acquire them at surplus stock prices, which many times falls even below the cost of producing the machine in the first place, so they would save millions of $$$. But, whatever the situation, it is clear that the left hand doesn’t know what the right hand is doing. What pisses me off most is agian what Barbara points out, by the time I do get my craptop, it won’t be worth trying to sell. Because I, like many others, sent in my machine prior to finding out about CFCAF’s motion, my only hope of getting a decent machine out of this is if I can sell the one I’m going to get for something close to what I need to buy a decent machine. If Judge Ware makes a ruling before July 28 (actually it would have to be sooner, as the machines must be RECEIVED by 7/28) those who have waited for that discision may get fairly compensated, but those of us who have already sent ours in, have effected an irrevocable waiver and the only way we could benefit from the judge’s ruling, is if the judge also threw out the final order on the settlement agreement, which he is most certainly NOT going to do. I wish that there were more barebones laptop configurations on the market, because then I wouldn’t have to buy any computer from any corporation, I could build my own to the specifications I need. I did this with my present desk top and the total cost (excluding my labor time) was just UNDER $300. That’s a midtower case, Athlon II X2 2.9GHz CPU, 4GB DDR3 ram, 500GB HDD, Video card w/1GB dedicated GDDR4 ram, 5.1 surround out, 8 USB ports (2 front), 802.11n wi-fi card, 2 DVD writers (1 a Lightscribe [bought used]), 550W PSU and 2 90mm case fans and these are all top of the line parts.
You were flat out lied to. After reading all these posts, it seems the administrators lie more than they tell the truth. There are several of us who have received their craptops, and I don’t see how all of us could be lying simultaneously. I found that calling them on the phone is completely USELESS! I am disgusted by this whole process and embarrassed that I originally purchased an HP laptop.
When you call in, the people with whom you speak are located in Massachusetts. I’ve spoken with them several times and I hesitate to label them liars.
However, importantly, they are not on scene. And I know for a FACT much information is being withheld from them, most likely on purpose. So I do believe there is duplicitous behavior woven into this process. But I also believe it is emanating primarily from California.
I tend to agree with your hesitation to label the call center people “liars”. I’m willing to be they’re just low wage schlubs answering a phone with a limited script to talk from. It’s not like you’re getting some high level executive with NVIDIA or HP and you’re certainly not talking to anyone with ANY legal experience or connected to the case in any way other than having the misfortune to work for the company that was hired to answer the phones.
Are they lying on a personal level? I doubt it. But they have been caught giving out false information. Whether or not they are misguiding us on purpose, I call it lying.
Like only a few others, the laptop that I needed to replace is a bottom-of-the-line F572 US. If/when I finally get the replacement I will be no worse off. I used it only for email when traveling and some photo editing so its performance was adequate.
I got approval and sent it in on 3/22. I called for status today and was told everything is in order, they are finished with their involvement, and it is up to HP to ship the replacement. (I am sure the person answering the phone has very limited authority and is reading from a script). Whatever, 6-10 weeks for HP to respond is outrageous.
On another note, will I get poorer performance with Windows 7 than I got with Vista?
No.. it will be better most likely with Windows 7.. all other things being equal. Vista was a power and memory hog. Slow to start up and slow to shut down. Only Windows ME rates lower as an operating system to me. if you have some of your own older programs to install …. you may have some issues with them in Windows 7.
Windows 7 has a compatibility mode that allows you to install older programs with earlier OS parameters. I have a couple of programs that were purchased for XP and Vista wouldn’t run them at all, but they work fine in 7.
The software to sync my Palm Centro phone won’t work with USB cable with Win 7. Cable e works with XP & Vista.
The only way I can sync with 7 is via bluetooth but the craptop we’re supposed to get doesn’t have blue tooth.
Can you give me more info on compatibility mode?
Thanks.
Your f572US was a dual core laptop, and therefore not absolute bottom-of-the-line as you state. Also, its AMD Athlon processor is more powerful than the AMD V140 processor you will be receiving. It will make no difference when you do email. But for photo editing, if your photo editing program is multi-threaded as it should be and most likely is, the dual core f572US would do a better job, i.e., it would be faster.
Many posters here have the same issue as yourself. I believe most are aware that the replacement laptop needs to be at LEAST a dual core. Instead, it is the very poorest performing of the single core processors available today, the lowest of the low.
While the V140 processor is a very low end CPU, it will handle multithreaded software just fine. Multithreading has absolutely nothing to do with how many processors you have, it has to do with the way the processing is done inside the CPU. In fact, (while I agree with the others that if you had a multi-core processor in yor machine, then the replacement should also be multi-cored), a multi-core processor does most people no good what-so-ever. This is because extremely few programs are written to be able to take advantage of multi-core processors, the one major exception is with newer high end games. However, if you are running two programs simultaneously and both are working on something, like video editing and computing pi to infinity, then both processors will be utilized. But for almost every common user, one core will be idle all of the time. If you have a dual core machine, install a CPU monitoring program like CPU-Z and you will see that what I say is true (also, see “Multi-core processor” in Wikipedia).
Your comment that “a multi-core processor does most people no good what-so-ever” is not accurate. Many CPU-intensive programs have been rewritten to utilizes multiple cores (e.g. Firefox, Internet Explorer, MS Office). Moreover, most Windows machines run many applications simultaneously (e.g. e-mail client, web browser, antivirus, firewall).
You are dead wrong with your CPU assessment. Windows 7 does what’s called scaling which will take advantage of multicore processor execution cores with even single core optimized programs. You can literally see this happening with a CPU monitor gadget that shows all cores operating. Also, a CPU must be optimized for multithreading internally, and not all are. The V140 does not have the multithreading technology built into other chips that will enable it to run multithreaded software “just fine”. It will run fine of course on its own, but only as a basic single execution core which will easily be taxed by any other programs running in the background.
Mark,
The CPU monitor showing all cores operating is very normal in mutli-core or multi-cpu systems as cpu scheduling system in Windows may not always assign the same cpu/core to the same single-threaded application. However that may not help the performance of a single-threaded application as only one core is used at a time. Also performance of a particular application has many factors—CPU, Memory, Disks/IO channels, Network. For many “every day” applications, CPUs in many computer systems are actually overpowered—as the other components or the architecture itself may be the bottleneck.
The V140(2.3GHz) will outperform many older/slower dual-core chips(e.g. 1.6GHz) in many single-threaded applications significantly–benchmark tools can tell you that.
Unless of course the application is able to take advantage of multiple-cores,Windows 7 does not optimize single-threaded applications in the way you described.
Also going from a 32bit os to 64bit os will give a significant improvement especially for memory intensive applications.
Overall CQ56 is a good cheap laptop for every day usage. It is just not an entertainment, gaming pc, or desktop replacement.
@dchen2k, Going from a 32-bit to a 64-bit OS will not improve performance unless you have more than 4 GB of RAM (the CQ56 comes with only 2 GB). In fact, the larger pointer size in a 64 bit OS could actually worsen performance on systems with small amounts of RAM.
Also, you’re forgetting that there are dozens of processes running at anyone time. So even if you’re running a single-threaded CPU-intensive process (which are becoming increasingly uncommon), a dual-core will benefit you because one of the cores can be dedicated to that process. A single-core CPU will have context switching every time another process needs to use the CPU. Frequent context switching drastically reduces performance.
Just getting back to this. Wanted to thank other posters here for their support of my post of 22 April in response to Carol.
Multi threaded programs often came as a result of RE-writing of older single threaded programs. This was done to take advantage of multi core CPUs. Multi threading allows operations, where possible, to proceed in parallel and there cuts overall processing time. Of course a single core processor can run multi threaded programs . . . it just takes longer to process things serially than it does to process things in parallel.
Thanks again.
Thanks again.
The ONLY MS operating system worse than Windows Vista was Windows 2000 (I believe that was the same as Millenium). Anyway, I have been running Windows 7 since the first public beta and have found it to be amazingly well designed and mine has functioned nearly flawlessly since obtaining the OS in August 2009 (I received it early because I hosted a Windows 7 launch party). I personally believe they scrapped the original kernel and built this OS around Server 2008′s kernel because when I first installed it, over a month before the public release, all of my utilities kept reporting it as Server 2008, but after I received the first update, all of my utilities began reporting it as Windows 7. As long as you have a least 2GB of ram 7 works spectacularly.
Windows 2000NT is actually more closely related to Windows XP. Windows ME was released to consumers and was one of the worst OSes ever. ME had no relation to 2k (the evolved from two separate versions of windows), ME was restricted to FAT32 while 2k had NTFS. Win2k is a corporate version intended to be used as a server solution in large Datacenters. Win2k was the last to use the “NT” designation. It was the most stable version of windows ever created IMHO (though not the most secure).
I stand corrected.
I called this morning after finding out people have been getting their craptop upset because I shipped mine in the middle of Feb. and one guy supposedly got his who shipped it in early March. According the the rep, they started shipping out a week ago. She could not tell me for certain if it was a first come first serve basis. There may be other factors she said. I asked if removing my hard drive was ok and she said that COULD be a problem, as they recommend shipping the defective unit back completely intact and the paperwork states that. She could not give me any time frame as to when mine would be shipping. I spoke with a rep named Kelly and she was very courteous, but not very helpful.
And neither will they be. Since I sent my laptop in totally complete as originally built, the fact that I still have not received the craptop cannot have anything to do with missing parts. The ONLY thing that I didn’t send in was the power pack, which I was directly told NOT to send. I sent mine in on 2/19, it was received in CA 2/23 and the replacement approved 2/24. I was told, twice now, that the laptops are “being ordered as they are approved,” which would necessarily mean “first in, first out.” Therefore, if anyone has received a replacement that sent theirs in on a later date than I, the info I received from admin. was erroneous. It is clear from the contradictive info that I have received from reps at the call center that they have no idea what-so-ever what is going on, what the process for shipping replacements is or when (or I’m beginning to fear, if) they will be sent. Apparently, the reps at the call center are merely there as a stop gap, to placate those who call.
I do not understand why so many of you act so surprised on how HP is handling this. Afterall… just another big business bleeding the little guys out of everything they can. Nothing more than what the attorneys for this case has done by getting paid 13+ milliion, washing their hands and jet-setting off to file another class action suit in which only they will benefit.
Wal-Mart, Con-Agra, General Mills, P&G, and other big businesses do the same, no different. They outsource their workforce saving millions yet pass no savings to us. They are destroying everything around them at our expense.
America wake up, boycott big business! Save your money, revert to some good old fishing time with your little buddy. He/she will remember that better than any game, flashy toy, nice clothes or car you can buy.
Grow a garden and can your own goods. Much better for you and there isn’t much room required. Teach your children how to live in harmony with the land. Know what is in your food!
Before you say anything… I’m getting screwed too! $1200 HP Pavilion being replaced with a $250 computer at best. Good thing, now my eyes are wide open and I will NEVER spend another penny on computers. I’ll never walk into a big business store again.
We can beat big business by simply shopping smarter and not demanding the newest of the new gadgets. Yes I’m sure you want to keep up with people in Hollywood but aren’t you tired of someone always taking from you? Aren’t you tired of things just like this? Tired of the high unemployment? ALL we have to do is quit being pulled around by our nose rings. Stop buying from people who sell the cheap chinese trash. Buy American and from American owned companies that build, service and their primary operations are in the U.S. Not India, Pakistan, China to mention a few. Yes… I was guilty of it. Now? No I’m not gulity of it now and I live a much happier and more free life than ever.
When this old desktop of mine dies I’ll take it to the metal recycling company and get my pocket change. Doubt I’ll send in my HP as I will make more off the parts than I would the P.O.S. they are offering to send in return.
I’m not hateful… I’m not a person without compassion. I just want to save the country I’ve lived in all my life, if that is a sin, send me to Hell. Hell will have nothing on what’s gonna happen here if we don’t start minding the store and take back what is rightfully ours, not big business.
Amen, brother!
@John-
Thanks for your post. I mostly agree with what you are saying (I just bought a Dodge Grand Caravan – though admittedly built in Canada), but I don’t think you can find any computers that are built in US today
You can’t find much of anything that’s made in America anymore.
Corporate America is just interested in lining their pockets at our expense.
Wow, did I just get off the banana boat… I purchased an HP dv9008nr in this date range and never had any problems. Always keep everything automatically updated. Just started having problems with white streaks or lines across screen. Went to HP support and found out about Class Action Lawsuit.April 21, 2011. I guess my best fix is to use as boat anchor? I was an avid HP loyalyst until they disinherited this problem. It is their computer, they chose to install Nvidia into their computer. I give Nvidia credit for a little support. Except sounds like I am not going to get any. I would appreciate getting in line for any later date support if possible…. Thank You
@Jim-
I would be surprised if NVIDIA did not receive sweetheart backroom deals from HP, Dell and Apple to handle this litigation.
When did your warranty run out? Can you purchase extended warranty? That way you might be able to get a new machine from HP that’s worth more than the extended warranty would cost?
I bought an extended warranty but unfortunately let it lapse before the last time the computer acted up.
I have a dead HP Pavilion tx1220us entertainment tablet which I paid $1500.00 for back in 2007. None of these replacement options justifies it. Now that I have the claim acceptance letter, I am waiting for new ruling to see if it works in our favor before sending the dead one in.
I see on Judge Ware’s Calendar for Monday 5/2/2011 @ 10:30 a.m. a scheduled Conference titled” HP Derivative Litigation Case Management Conference.” I’m not sure if this is related to the hearing but thought I would pass it along. I sent the HP Litigation Administrator a letter (certified signature receipt) stating my objections to the CQ56 being selected as a replacement in comparison to what I turned in to them. I had already submitted my laptop to them when I found out the replacement computer was a CQ56. Needless to say. as many of you, I was pretty peturbed by the whole switch and bait manuever. I’m hoping Judge Ware sees through their lies and holds them to the original agreement..
Good heavens that’s huge! It’s one week after Easter Monday.
Thank you so much for posting!
No it’s not. It’s a different case.
But still, it was smart of you to check Judge Ware’s calendar.
What does the HP Derivative Litigation Case have to do with the nVidia GPU Settlement? That’s a completely different litigation. The only thing Judge Ware has to do with our matter is to rule on CFCAF’s motion and unless there is another similar motion filed, there will be no further hearings, conferences or any other thing in this matter.
Yeah. it’s a different case…And no Milberg involvement that I can see.
It’s a juicy stockholder suit. Here’s what I found with Google:
“The plaintiffs in the consolidated case — which brings together four suits over the HP board’s decision to approve Hurd’s separation agreement — took aim at Hurd and members of HP’s board, alleging breaches of fiduciary duty, waste of corporate assets, and that Hurd was unjustly enriched.
According to the Dec. 3 consolidated complaint, the separation agreement obligated the company to give Hurd payments and benefits worth around $53 million. Hurd stepped down from HP in August after the company’s board investigated a sexual harassment claim against him and found he had breached the company’s code of conduct.”
Another case of the greedy corporatists that are sucking us all dry. Who paid the $53 million golden parachute? All of us who paid exorbitent prices for craptops
Kurtzman, Carson Consultants (Rosenthal) administrators in my opinion have very limited knowledge of what is going on. I asked to speak with a supervisor of KCC and was denied. After research and finding KKC’s number I spoke to a senior management person whom was nice and professional and stated he understood the frustration….but in short I would bet the computer when I got the computer. What I get and when I get it will be a mystery. Be Happy in other words!
I emailed one of the senior managers and I got a quick response asking what kind of computer it was even though my message said it was an HP. Her message came in at 6:30 pm on a Sunday shortly after I sent it and it asked for my case number. I replied immediately and the next day I got a call from someone at the call center in Massachusetts. I had requested an email reply so I’d have something in writing.
I suspect that it was an autoreply email and that noone at KCC even read it.
I sent the same message to another KCC senior manager and I got his reply the next day. It definitely was a form reply
“I just wanted to confirm I’ve received this email and that I’ve passed it along to the specific consultants that are handling the laptop intake to make sure you’re question gets answered accurately.
We should have a response to you by the end of the day.”
I got my new Compaq yesterday and don’t know what to do with it. Should I wait and not open it or just count my blessings and say better than nothing. Almost a month with no ruling from a lazy judge who cares more about his golf swing than justice, so I may just be happy I got something. Mailed my old one back Feb. 28 and did not remove anything, just kept the power supply as instructed.
@casey
some people are opening them, some people are holding off so the choice is ultimately up to you
btw, which model was your defective notebook?
HPtx1220 that I paid $1500 for. I love the fact that they gave me a $300 laptop as a replacement. What an injustice.
Wow, lets cut the Judge some slack. He is the only one that may still be on our side, since Milberg has “Declared War” on their clients.
We don’t know his schedule and I have also heard he is moving offices. Our legal system is jammed with cases. Judge Ware is presiding on several high profile cases, some criminal.
I do hope he is able to take some time and read our motions and expert witness’ testimony. Instead of just glancing at it and trying to make a “quick” judgement to get it off his case load.
I agree. The judge has some heavy duty cases if you have been watching his docket. He is not a traffic court judge.
I don’t see why so many people get on here and complain about a crooked system and crooked judges.
not too bright….
reminds me of the time my Mom cussed out the heart surgeon that was about to replace her heart valve and do a double bypass BEFORE the operation. Not in her best interest. He did his job anyway and she lived another 15 years.
I always ask the question when people complain about things… would you be willing to do their job and could you do better?
Most of us have a hard time just taking care of our own daily tasks that only affect ourselves and family. How would you like being responsible for something that affects thousands and involved millions of dollars? Hang tough. What happens happens.
Are you for real?
i am. I am sure I am a much happier person starting my day with a positive attitude. I am not a negative person and most will say my attitude brings success in the most everything i deal with. The
Are you just a negative person? You must be a joy to be around.
“I always ask the question when people complain about things… would you be willing to do their job and could you do better?”
YES on both counts! I do realize that judges, especially federal ones, are quite loaded with cases, but it took me less than an hour to read the pertinent information (and I read quite slowly) on the motion and one would have to be an idiot not to see that class members are getting screwed royally. The longer the judge takes to make a ruling, the less likely it is that it is going to be favorable to the class. I, like you, complain very little about things, preferring to do something instead. But, as a matter of fact, judges pick and choose which cases they want to work on. Our case is clearly NOT one of his priority cases, as the ruling would take less than a couple hours to make because all he has to do is read the info (don’t forget, this was argued in front of him, so he isn’t unknowledgable as to the particulars), make his decision, tell his clerk and the clerk does the rest. Also, the clerk has her own assistants that actually do the writing. The ONLY time a judge has to do any writing is if he is handing down an opinion and even then he only (usually) gives an outline to the clerk and the clerk handles the rest. So, YES, it is clear that the judge doesn’t care any more than do the plaintiff lawyers. To them this is a done deal and they couldn’t care less about us.
Well I guess its cool to hear someone got something back. I was going to ask if it looked new, but I see you didn’t open it. I mailed my compaq on 3/17/11 and nothing yet. I removed the hard drive. At this point I will take whatever they send because its going to be given to one of my kids. I don’t think I will ever purchase another Compaq again. Im moved on to a different product.
I still find it unbelievable that people are getting their replacements, as mine was sent in BEFORE (and in some cases weeks before) any of those claiming to have received theirs and I still have received nothing. It would surprise me greatly if anyone HAS received a replacement, because with the run around we’re getting and the fact that the timeline continues to increase, it appears that they are waiting for either the judge’s ruling or the July 28 deadline, whichever comes first, before sending anything.
If you think about it for a minute, that makes the most sense. If the judge were to rule in favor of the class AND (though unlikely as it is) he rules that everyone, including those that have already sent their old laptop in, are to get a replacement that is TRULY of like or equal kind and value, then nVidia would be on the hook, not only to provide the various laptop replacements, but for return shipping for all those of us who have already sent in our laptops to return them. Also, since the replacement is a discontinued model, HP would be on the hook for a truck load of worthless laptops. For every one of us that have heard about the motion (I only found out by pure luck and that still AFTER I had sent in the old one) there are dozens that didn’t and have already sent in their old machines.
So, I SERIOUSLY doubt the verasity of anyone claiming to have received anything.
I got my shipping Info today. Fedex had no problem with the packaging.
I called NVIDIA, they said it would be 4 to 16 weeks to receive the replacement computer. 4 months to return a crap laptop. I want part of the 13 million the crap attorneys got.
ugh! I put my hp tx1320us in a box long ago. I had many other things to deal with in life. The issue resurrected itself today, and now I find out that I missed a small window of opportunity to get some kind of compensation?? I was never contacted regarding the nvidia lawsuit. I purchased the computer from Office Depot for $1200, and it started failing after 13 months of ownership. What recourse do I have??? Is there any hope for me to get some compensation at all??
I’m assuming from your writing you did NOT participate in this class action lawsuit. Thus, you retain FULL rights to bring suit against nVidia, or to pursue whatever other remedy might appeal to you. You did not sign away your rights, as did all the rest of us.
You are in the catbird seat. The alfalfa is very tall over on your side of the fence, our’s having been mowed and stolen when we weren’t looking. Given the CQ56 fix we all remain in, your alfalfa is looking pretty damn succulent at this point, while we’re being expected to chow down on last year’s leftover fetid bedding hay.
So, where do I go for direction? I cannot afford an attorney. I appreciate any direction anyone can give me. Thank you!
Hi all, I was by chance trying to recover some data from my old tx1218 today and I by chance stumbled upon the settlement page, saw the deadline and cried a bit. Were they informing people of this somehow? Because I think its a bit unfair that I’m just supposed to know about this in order to get compensation. If anyone can let me know who I can write letters to regarding this problem I’m more then willing to, I’ve had this machine repaired 3 times before giving up completely on it. any help would be greatly appreciated.
@zach-
Unfortunately I think your only available option is to wait for Judge Ware’s decision.
You may want to consult an attorney of your choosing to see what other options may be available to you though.
Zach, The only thing you can do is SUE HP yourself.
THIS suite is a precedent so you might have actually lucked out
and do better that the rest of “us sheep” that were lead to slaughter.
OR wait to see if Judge Ware says they did NOT follow the agreement
as first written and then suspiciously amended after the fact.
(AFTER he approved the “equal value” terms.)
He may extend the filing time (for you, etc.) AND make them give
Laptops at least “equal” to what we had. I don’t expect a top of the
line 2011 laptop.
But the bottom of the line one they have offered is insulting…
Good luck, and I wish we have the same.
Actually, one would have to sue nVidia, not HP. But even so, this case IS NOT a precident, as it was settled out-of-court and none of the defendants admitted ANY liability, therefore one would have to start from scratch (except that it might be possible to obtain the research that the plaintiffs in this case have done, though it’s unlikely they would give that info for free). The best thing for those who are just now finding out about this action to do is to set up a website, like this one, and attempt to get together with others in their same position and then try to find an attorney who will take the case on contingency and file a class action from the get-go. It would take some dedication from at least 3 people, as that is the minimum for filing a class action, but if it could be put together and filed, then finding more class members would be easier, as the plaintiff’s lawyer would handle publication of the action and contacting potential class members. I received an email in September of 2009 saying that I was a potential member of this action because I had purchased a qualifying machine during the qualifying period and directed me to the settlement website.
I’m starting to think that this Judge Ware is stalling (or running out the clock) on the original deadline. After all, how long does it really take to review a few documents and the “Implementation” of the decisions within them to see if there’s a problem? Obviously not long since most of us who originally balked at the settlement offering picked up on the discrepancy within days. And we’re not layers or judges who do this stuff all the time. I hope I’m wrong but something just doesn’t add up here.
I hope this does not sound too disrespectful or nasty. But you have no clue. Get your head out of the sand. Judge Ware is neither stalling nor running out the clock. Judge Ware has literally HUNDREDS of other cases before him, many much more important than our case. His court is understaffed and underfunded because this country is broke, bankrupt, and going to, uh, heck (except I don’t mean “heck”). If we get a decision this year we will be extremely fortunate, indeed.
We are dealing not with a bad Judge, but with an antiquated, underfunded, sick court system. The Judge is doing the best he can. If you think you can do better with the sparse resources available, go to law school, become a Judge, and serve. Few here would be foolish enough to do so, only to be subjected to abuse for something that could not be less their fault. The problem with our courts is the fault of the American people, not the Judges, for most of whom their service is a noble act. How quick people are to lay blame elsewhere, when all they need do is look into a mirror.
@shinobi – I don’t normally engage in adolescent bickering but you must be set straight. You sir, are an idiot!
Fact 1: We have already waiting for and have had our day in court.
Fact 2: The issues in this case are pretty much black and white.
Fact 3: Anybody with a HS education can read through all of the documentation in this case in one evening – while texting with a dozen friends.
Fact 4: This case is simple and doesn’t even come close to cases involving a team of staffers to investigate all legal precedence before a judge can render a verdict.
Fact 5: Waiting ’till next year to make a decision and thus waiting well past the deadline to mail in old machines, was the point I was making. If we do not send in our machines by the deadline, we risk absolutely no compensation if Ware rules against us. And if we do mail in our machines before the deadline, our complaint is moot as we have just eliminated ourselves from any further legal recourse.
@john-
I know you are frustrated as well as anyone else. You have every right in questioning the delay in Judge Ware’s decision; But at the same time shinobi has the same right in stating his opinion.
Everyone is free to express their own thoughts and opinions here as long as those comments do not expressly or implicitly put down someone else.
I hope you understand.
@shinobi-
You have posted thoughtful comments here and at NBR. But I do not think it serves any purpose by saying things like “you have no clue”, even if you put a disclaimer in front of it.
You are free to post your opinions and comments here as long as that does not infringe on others to state their opinions and comments.
I hope you understand.
Yes, thanks, I do. I had hoped the disclaimer would cover it but clearly it fell short.
It is very difficult dealing with those who are so clearly unaware of the larger picture. This is especially true when Judge Ware himself, or a person on his staff assigned to this matter, could read these comments and easily take umbrage. At that point we all are jeopardized by such a high level of ignorance. The internet is a public place. Open name calling of Judge Ware is not just unwise and unwarranted by the circumstances, it is potentially harmful to me, and to everyone else hoping for a positive outcome. Even if I thought Judge Ware were dragging his feet in this matter, which I do NOT, I would never post such a view in a public place such as this devoted, as it is, to our case.
All of that said, I understand and sympathize with the great frustration of the other poster. The unfairness of this entire matter has been obvious from its EARLY days. For the sake of all here, I hope we prevail. But openly decrying Judge Ware will not contribute to our chances for victory; not in the least.
@shinobi – So your position is that the reason this is taking so long is because the hard working judge is overloaded, there is literally just not enough time to read any documents. So overloaded in fact, that if he has a chance in the next eight months we should find ourselves privileged indeed.
And yet, we should be worried that in his spare time (which he doesn’t have apparently) he is going to search all over the internet and read just as much if not more text for what in the most part amounts to childish bickering, “me too”, and “is it too late to file a claim?”. And then being so honorable, he will take into great consideration the rather anonymous internet comments?
Just curious as to how you manage to fit both of those beliefs in your head at the same time.
J.Ware
It’s impossible you could be as naive as your post suggests. i’m going to assume you were just having a senior moment and be gentle:
Items posted to the internet frequently persist. It can be for years. Items persisting for months is routine.
At some point in future, either Judge Ware, OR ONE OF HIS ASSISTANTS, will turn attention to this case [or so we all hope]. At that point, or ANY time prior, finding of anti-Judge Ware writings among our already victimized class, will not mitigate in our favor.
Our primary goal here is to obtain a fair settlement, including especially a better replacement laptop than the CQ56. Decrying, openly and in public, the sole individual with power to help us attain our goal is asinine and could be extremely counterproductive.
@shinobi
Wow, I don’t know if you realized it or not but you just slammed J. Ware better then all of us. You infer that he is petty enough (and maybe even one of those “Activist” Judges in California) to make a judgement in this case based on Internet ramblings instead of the Rule of Law.
Shinobi, I realize that you are rather frustrated about this – it shows in your posts quite clearly, but I am extremely confused what it is that you are frustrated about. You seem happy with the actions of the judge, believing that he is taking his time to ensure fairness. But then you are certain these internet posts are going to sway his decision, if we don’t bend down to lick his boots anyway.
Fortunately most judges are less petty than that. When a judge reaches the level to hear cases like this, he has heard everything and anything in between. The reason he is a judge is because he is better about detaching himself from a situation and dealing with the relevant facts at hand. Conversations on a public board and disrespect in the courtroom are totally different things. But a good judge wouldn’t let disrespect in the courtroom sway his decision either – he would just hold the offender in contempt.
As for the “no time” issue – I hope that you don’t actually believe that. No doubt the guy has been golfing 4 times at least since Ted Frank argued in front of him. As you have said, he has an entire staff of people that could read and summarize the documents for him. It is not taking time because of backlog as much as it is because it is less of a concern to him.
That’s the rub, “Judge Ware has literally HUNDREDS of other cases before him, many much more important than our case,” emphasis on “more important!” Judge Ware isn’t “stalling” or “running out the clock,” per se, but he IS dealing with cases he feels are more important first, which, unfortunately for class members, works out to the same conclusion. While it is quite unlikely that the judge has “HUNDREDS” of other cases, still, to arbitrarily decide that this case is some how less important than someone else’s is just plain unfair. I have been in the position of being falsely accused and convicted of a crime and had to sit and wait for a judge’s ruling, which I imagine most would consider “more important” than a monetary litigation case, BUT IT ISN’T!!! The law is the law and fair is fair, how is my rights being violated in a criminal case more important than my rights being violated in a civil case, simply because in the criminal case I’m in prison?!? So, because I’m in prison, the judge finds my case more important, but rules against me, but by making my criminal case a priority over this civil case, he effectively rules against both because while he was deciding my criminal case, time ran out for this civil case. NO, the system is broken and nobody but the powerless victims care!
John, I think you have hit the nail on the head. Ignore his fan section from those that are only here to show their lack of refinement (shinobi). Maybe you should go to law school if you want, but I think he should get a GED first.
@casey-
all of us are in the same boat; you as well as others are free to express your opinions as long as it does not put down others.
thanks for your understanding
admin,
I have a question here and I’m NOT trying to be rude or condesending, but are you one of the original litigants who are receiving thousands of $$ AND a new laptop???
Hey I sent my laptop in and they received it April 6th. I was just wondering how long people have been waiting for their replacements. I go to college and I am dying without a laptop.
well some that sent theirs in early are still waiting. I guess it will be hard to say. People that have called the center have heard as high as 14 weeks! I hope you don’t have a summer session. Sorry for the bad news. If you look through all the above posts you can see it may be quite awhile
I too am guilty by helping and contributing to in fighting on this site. I should know better given what i do.
I only do volunteer work and work with the same so i have to let negative comments that have nothing to do with the real issue pass ….”We are all in the same boat” We are not each other’s enemy… we have common foes and they start with an “INV” and an “H”.
@admin
Just having a little fun. After all, engaging in some healthy dialog, “wink wink”, helps fill the void left from all of the information coming from Judge Ware’s office.
GRRR! Corresponded w/ Milberg office. Told that there is nothing I can do, except maybe go through small claims. Called NVIDIA claims admin, and told “an email blast was sent by hp” So, the fact that I never received the email doesn’t matter. Plus, that was the only notification? HP has my mailing address!! So, since I never knew about the settlement, I can do nothing?! (like small claims would really go anywhere!)
Don’t rule out the possibility of success with an individual action. This assumes you still have access to the courts in the city where the purchase was made, i.e., it assumes you have not moved a great distance away from the point of purchase of your laptop.
I would wait and follow events here. It will be tougher, though not impossible, for you to do better than we all do. But eventually, with the current class action outcome as precedent, you can threaten nVidia to pursue an action wherever you live. With luck they will fold straightaway rather than trying to mount a defense in a distant city. Depending where you live, it would not surprise me in the LEAST if you came out better than we do. And of course there is always the chance Judge Ware might reopen the class action to new participants, as well.
Finally, I doubt nVidia will budge in an individual case like yours before this class action is 110% finalized, unless all you want is a CQ56. To do so, for them, might mean setting a precedent they do not now wish to set. But for you this could be a dilemma. I’m no lawyer and I don’t even know your state. But you need to remain aware of any possible statute of limitations laws where you live which might apply in this situation and protect nVidia from your attempt to seek redress in court. Said another way, I doubt you have forever to pursue this matter.
Donna, actually you may have more success in Small Claims than you think. All the evidence,fact finding and pleadings have already been done for you not to mention all the paperwork in this action which I’d certainly present to the court. I’m no attorney but have been to small claims a couple of times, the nice part is you’re not expected to know the law. In my experience judges in Small Claims tend to be a bit more sympathetic to us poor consumers as long as you give them all the info they need to clearly decide in your favor.
If I were in your position I’d take the findings from the initial case and the settlement and then add in the info from this case where they’re trying to weasel out of what the settlement called for. Make it as short and concise as possible leaving them with no room to dispute. As for not being notified, let the judge know that you are not the only person not notified. Just be careful not to use “it’s not fair” too much or at all. Much better to say this isn’t what they agreed to.
Heck, with most small claims limits you just might do better than everyone else!
Just my opinion, not to be taken as legal advice. Please consult an attorney if you have any questions.
http://www.bestbuy.com/site/HP+-+Laptop+/+AMD+Athlon%26%23153%3B+II+Processor+/+14%22+Display+/+3GB+Memory+/+320GB+Hard+Drive+-+Pewter/2284864.p?id=1218317762845&skuId=2284864&st=Spring_Into_Savings_20110424&cp=1&lp=1
$350 dual-core pavilion with card reader and webcam. This is a perfect example of Milberg/Nvidia asking HP what needs to be taken off of the shelves (the CQ56) and ignoring perfectly fine alternatives. Note that the linked laptop is 14″, but there are 15.6″ and 17″ pavilions that are probably similarly priced.
Now I know the small claims idea has been tossed around here a bit. Considering that, I have a question. When I was originally going to file in small claims, I couldn’t do it where I live, rather I was told it has to be “where the entity you are suing is located, or where the business transaction took place (in this case, where I bought my laptop).”
I no longer live in that city, but I digress…
Now with the possibility of going to small claims, knowing this original statement of jurisdiction, would I still have to file where I purchased it or where I submitted the claim (which is where I live now)?
and for that matter I bought it from circuit city … so what would you do in that case as well since it has been dissolved
Donna, before you get to excited about the possibility of small claims court, your should recognize that, I believe that a) you have to pay money to file claims, b) you have to be able to serve a given persons name with the claim (which means in this case you need a person at NVIDIA and then you have to prove your case. Just telling you this because most of the posters on this site seem to have an overly simplistic view of what it takes to make some ot these things happen.
Secondly, if you were registered at HP, you would have gotten, again I believe, a notice about the litigation in the physical mail. I’m pretty sure I got 2 and think I ignored the first one as I didn’t pay attention to it. Email would not have been used as the principal notification technique as, again I believe, it is not yet defined as a legal notification. It still amazes me in reading these posts the number of people who obviously didn’t register their computers with HP or who didn’t keep a receipt for a fairly major purchase. Hopefully theu will learn a lesson from this.
Good luck.
Once again, an email in September of ’09 was my ONLY notification (and it went to my “junk mail” folder, so could have been easily missed), which was quite some time AFTER the start of the class action. I received NO NOTIFICATION of any other actions, rulings, motions, deadlines, etc. WHAT-SO-EVER! (Even though I had registered with the settlement admin as they instructed, so that I could receive those notifications and updates).
Unfortunately for those who didn’t get notification of this action and so became class members, it is EXTREMELY unlikely that you will have ANY recourse what-so-ever, because in the many states I looked up (a sampling from coast-to-coast) the statute of limitations for Small Claims (or for Superior Court filings, for that matter) is one year from the actual loss, which even if that means “from when your computer quit working,” in almost ALL cases that would have been well over one year ago.
However, if it is possible to still file in the state (and county, if filing in Small Claims Court) where the purchase was transacted (you don’t have to live in that state or county, as with this case, no one has to actually be resident where the action is filed, though you [or your attorney, if filed in Superior Court] would have to actually go to the hearing), it would behoove you to do so immediately. But, as has been stated, there ARE filing fees, service of complaint fees (even if you’re allowed to serve by registered mail, with return receipt, as that isn’t free either). But as to WHO you would direct the service to, that is easily obtained by consulting the corporate registry where the corporation is , as they must designate the person to whom such things are to be directed and how to contact them.
Thank you all for input. I contacted HP via email through supposed CEO contact site. Yeah, that got me nowhere! First, the hp ‘netbook case manager’ told me my tx1000, tx1320us, wasn’t involved in the Nvidia litigation. Well, if HP thinks that, no wonder I never was contacted! (and, yes, I was registered since purchase 11/8/07). The p/n GS865UA is listed on the settlement forms.
HP says the ‘best they can do for me’ is give me an extra 1 year warranty on a new netbook. Whoopie! Like I want their products!
So, it really seems like I’m screwed since I was never contacted to tell me about NVIDIA settlement.
For those of you planning to sell the CQ56, if that’s what you get, a used one just sold on E-Bay for $205.
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&_trksid=p4340.l2557&rt=nc&nma=true&item=260771329960&si=lZ7oaJt1PEmTTR0Dgpr%252Bqf1qv3Y%253D&viewitem=&sspagename=ADME%3AB%3AWNA%3AUS%3A1123#ht_499wt_901
That WAS used, ours would be “new in original manufacterer’s box” and so would fetch a much higher price, though it is doubtful that one could get more than the $300 that they are selling for at Best Buy.
Got my CQ56 today, and it is staying in the box until this mess gets sorted out. I give the lazy judge 2 more weeks and then I open it up and give it to Goodwill as a donation. At least someone will benefit from this debacle, I know I won’t.
Your impulse to help and assist those less fortunate than yourself is admirable and noble. God bless you.
Please know though, as you go forward, that merely opening the box will decrease the sale value of your laptop by between ten and twenty percent. Thus, in order to do the most good, I urge you to leave the box sealed and present the laptop to Goodwill that way. And warn them, as well, about this.
When the box is opened, no prospective buyer can know for certain the history of what’s inside. The laptop instantly loses its “factory” cachet. It’s no longer “new”, even though you might not even remove it from the (opened) box. Better to leave well enough alone. If circumstances force opening of the box, well, then you have no choice. But so long as there is choice, the better course is to leave the box just as it came from the factory.
It’s only my bias, but if you’re going to give it away, list it on Craig’s List (or the like) as Goodwill, the Salvation Army or whomever, will sell it to someone for as much as the market will bare and they don’t deserve to profit from your misfortune.
Ruh-roh …… in reading about the backlash about Prop 8 in California, I saw that a Judge Ware took over after Judge Walker’s retirement. I had the thought that, if it WAS the same judge, then that would explain the craziness of his docket, timing delays, etc. Out of curiosity, I Googled Judge Ware and discovered two immediate links right at the outset that seem like they might be of interest to those of us watching this case. I’ve done no further exploration, but it’s intriguing food for thought ….. though it might not bode well for us overall.
One is from Lying Judge Ware, which describes how he misrepresented his involvement in a civil-rights-era teen shooting; this led to not only a judicial reprimand, but also to his nomination to the Court of Appeals by President Clinton being revoked. (Most likely a biased link, though cursory glances through other Google results match the same basic story.)
The second is Judge Ware Rebuked for Usurping Power. Now this one, I’m not quite sure what it’s saying (and therefore don’t know which side he’s on), but it’s about a securities case with NVIDIA. “A writ of mandamus is an extraordinary remedy reserved for extreme cases where a judge essentially thumbs his nose at the law.”
This last post closes with the following: “If anyone has any other information concerning Judge Ware’s fitness as a judge or other irregularities, please feel free to contact Jack Smith, Chief of Public Integrity Section, U.S. Department of Justice, at (202) 514-1412.”
Just something else to think about as we wait …… and wait …… and ……
You people are being *scammed* again.
All evidence shows that the case is closed and that Judge Ware is no longer involved in the case.
This waiting on the judge’s decision is just another one of the many lies that have been told.
If anyone has any evidence to the contrary, then post it.
The case 5:08-cv-4312 was closed on 12/20/2010. You can find this info on Pacer if you have a Pacer account.
As for the Judge’s involvement, you can e-mail him elizabeth_garcia@cand.uscourts.gov and you will get an e-mail response telling you to go elsewhere, that you are too late to have any input in the case, that the final judgment has already been made, that you should contact the claims department, or the class action lawyers, or the defendant Nvidia.
Wayne Sallee
Wayne@WayneSallee.com
What does Ted Frank have to say about this comment?
Ted Frank has also moved on to “more important” cases and has no further input (in fact when I contacted him [on 3/21, a week BEFORE the hearing on the motion] this is what he had to say, “Briefs were due weeks ago. What on earth do you think you’re accomplishing with this Monday morning quarterbacking email? I’m not your lawyer: if you don’t like my arguments, noone (sic) is stopping you from hiring your own lawyer.”). People like Ted Frank and his organization ARE NOT there to defend the hapless or helpless, but rather for personal notoriety and if that HAPPENS to be of help to anyone, well that’s serendipity!
So, shall we send-in our dead machines to be replaced with a working one before the deadline of shipping them in is over? It doesn’t look like the judge would do anything.
Mr. Frank is busy, but does respond to valid questions here and on the forum. There is nothing left but to wait for the ruling or send your laptop in and get your replacement.
You don’t need a Pacer account to see what is going on. You can see most of the docs here: http://centerforclassactionfairness.blogspot.com/2011/02/motion-made-in-nvidia-gpu-class-action.html
Mr. Frank took on this fight for the class even though there were only a few of us that had him on retainer. You can see from the documents that we are fighting for enforcement of the approved settlement for all class members. The five us of in no way received any $$$ or expect anything more than the rest of the class. The Admin of this site has done so out of his own pocket. (Thank You)
If there is something about this you don’t like, You can get your own attorney or you can send in your laptop and take the replacement they give you. What Mr. Frank is doing is not going to hurt you one bit and no one is forcing you to wait for the ruling.
Ken Brown
You may be correct. I am betting you are at least partially wrong… and my bet has nothing at stake. I have nothing to lose wishing for a fair settlement in this case. I have seen things happen in court that 99 people out of 100 would have said was not possible when engaging in a legal battle with a huge company much larger than INVIDIA.
Do you have a PACER account? If so, would you care to post the evidence that you have?
Thank you.
Yes, I have a pacer account.
Here you go:
http://waynesallee.com/downloads/cv-04312-jw.pdf
Wayne Sallee
Wayne@WayneSallee.com
BTW, if you do have a Pacer account, I would also ask that, if possible, you post information regarding docket item 11-15182, which was a filing (among others) from January regarding the NVIDIA GPU Litigation, with specific regard to the “HEWLETT PACKARD CONSUMER OBJECTORS” – http://dockets.justia.com/docket/circuit-courts/ca9/11-15182/
Thanks.
Here you go:
http://waynesallee.com/downloads/11-15182_Docket.pdf
Wayne Sallee
Wayne@WayneSallee.com
@Chad-
If you read postings at the Center for Class Action Fariness, you can see that Ram / Edelson are professional objectors (https://docs.google.com/viewer?a=v&pid=sites&srcid=ZGVmYXVsdGRvbWFpbnx0ZWRmcmFua3xneDoyOGUzOTU5NzdkMWMyOThj)
In my personal opinion, their appeals have no bearing on our current situation of waiting for Judge Ware’s decision.
PS. Yes, I also have a PACER account.
Umm, the case was officially closed on December 20th, 2010 because that was when the final judgment was entered?
The subsequent filing by Ted Frank is simply asking the court the ENFORCE the settlement terms as approved in the final judgment.
So what exactly is the evidence that we are being scammed? and specifically, by whom?
I am upset with this whole issue because im in grad school right now. I had to go buy another laptop just for this reason. Got myself a satellite. I am going to report this time issue/company to the BBB. I sent in my compaq presario FedX 3/17/11 and nothing yet! I called the 877 number and talked to the agent Gaveyann S and was told to wait another 8 to 10 weeks for the replacement. Judging from these emails, thats a lie. He also said there was no one to complain to about the time change issues. This was after one of the notices said something about 6 to 8 weeks. WTH, I paid almost $800.00 dollars for it at Sams Club and now I will get another junk laptop worth about $200 dollars. This means waiting until well after the end of May. Maybe they think that the time lapse will make you forget your old laptop and the replacement. I vote we all start notifying the BBB. Sign.. unhappy with HP/NVIDIA in North California.
Could it be that they picked the CQ56 because all the other laptops in the HP/Compaq universe have the same potential flaw as all the other defective laptops?
When I read the replacement type I was furious. I had a hp pavillion dv model and the replacement is less than half of the value of my laptop. I had so many problems with it and now they are just giving me one more. I want my webcam, bluetooth and my lightscribe. They are completely shafting us with this compaq. I have written complaints to both hp and nvidia and have spoke with management to address these issues, but obviously they all say that they can’t do anything about it and to contact the other company. This is ridiculous. I’m done with hp after this. I used to love their computers and this is just pathetic.
This delay is an insult. Follow the facts and you will see that NVIDIA knew what they were doing. What is amusing is that even Burger King has more ethics.
There are 5 appeals:
Court Name Case Number Start Date End Date
9th Circuit Court of Appeals 11-15182 01/24/2011
9th Circuit Court of Appeals 11-15186 01/24/2011
9th Circuit Court of Appeals 11-15190 01/24/2011
9th Circuit Court of Appeals 11-15191 01/24/2011
9th Circuit Court of Appeals 11-15192 01/24/2011
They are being handled in the appeals court, not by Judge Ware. I don’t know what judge will be handling it.
They have been lumped together. They are being handled as once case, but yet it seems they are still to some degree being handled individually.
I’ll post some more info in another post.
Wayne Sallee
Wayne@WayneSallee.com
Thank you Wayne. Yes, I knew there were five that were combined and I believe they are all being handled under 11-15182.
Also, though you state this is being handled by the appeals court and not Judge Ware, attorney Ted Frank from the Center for Class Action Fairness actually presented the claim before Judge Ware. You can also read Mr. Frank’s filing on-line here: https://docs.google.com/viewer?a=v&pid=sites&srcid=ZGVmYXVsdGRvbWFpbnx0ZWRmcmFua3xneDo2YWE1NzNlMzVkMzNmMTc0&pli=1
Since this shows on Justia as being assigned to the Ninth Circuit Court of Appeals, I did a little searching on their calendars and do not see this appeal docketed. Unfortunately, according to the court website, notifications are made 6 weeks prior to the hearing, therefore, if this is correct, there will be no answer for at least 6 more weeks (the dockets seem pretty full, especially in California). That said, I know Judge Ware had an initial hearing with Mr. Frank, Milberg and NVIDIA, so perhaps the information listed on Justia regarding this being assigned to the Ninth Circuit Court of Appeals in “incorrect.” Regardless, there is little any of us in the HP class can do but wait.
Wayne’s link
http://waynesallee.com/downloads/11-15182_Docket.pdf
shows the appeals court docket. The appeal was filed back in January and Milberg and Westerman are all over it with a bunch of other lawyers. I can’t quite figure it out. Don’t know what they’re appealing. At first I thought they were appealing high lawyer fee award but that doesn’t make sense.
Could these be the original objectors and now Milberg & Co are out for another fee?
Can anyone else figure it out? The opening briefs were due today, April 28, but they requested and got an extension ’til May 31. Darn (I think)
This case was forwarded to the Appeals Court back in January, well before Ted Frank went to court for us.
Does anyone know if he knows anything about the Appeal or if he knows the docket for our case before Judge Ware is listed as “closed”?
Yes, the original objections were filed in January. Considering “Hewlett Packard Consumer Objectors” are appellants in the case, I am guessing this is something for the HP class to receive fair treatment.
The way I read this, the most important piece is the final filing by the court clerk on April 26 (two days ago) as stated in the last paragraph:
“…The court is in receipt of the motions for an extension of time to file the opening brief for appellants…The motions are granted. The opening briefs…are due May 31, 2011. The answering briefs are due June 30, 2011. The optional reply briefs are due within 14 days after service of the last-served answering brief….”
So, it appear that, attorneys for those who have appealed (the “appellants”) have now requested an extension for filing their opening briefs. This request has been granted, and instead of being required to have them filed by April 30, as originally ordered, they now have until May 31. The defendants have until June 30 to file answering briefs. After that, any reply briefs must be in within two weeks (so by July 14). Therefore, there will certainly be no decisions in this case prior to then.
All that said, I must make two points:
1) I could be completely wrong. I am not an attorney, and though I can fairly well make out what that last paragraph states, the document does not state exactly what is being appealed.
2) I am unsure how Mr. Frank’s filing relates to this. From what I can tell, Mr. Frank was representing different class complainants than those listed in this particular filing that Wayne posted for us, and there does not seem to be any note of Mr. Frank’s filing or the hearing held in response to it within the document Wayne posted. Therefore, I am inclined to believe Mr. Frank’s filing is being handled separately and the decision on it may still rest with Judge Ware.
Just my $0.02.
One other point: Milberg (in particular Riggs, Safirstein, and Westerman) appear to be attorneys for the appellees (not the appellants) – in other words, they are attorneys for the defendants in this filing. Go figure. They’re on the side opposing the HP Consumer Objectors. Weren’t they supposed to be our attorneys? Heh.
One last note: it appears the HP Consumer Objectors (which I assume means us) are the only appellants (ones making the appeal) in this filing. The rest, including the original plaintiffs who brought the case against NVIDIA, HP and Apple, are listed as appellees (those being appealed against). So again, my understanding is that this is an appeal trying to get a ruling in our (the HP class’) favor, I assume regarding the actual replacements.
Let me state once again, I am not an attorney, so if there is someone here who has a better understanding or who can correct me, please explain for us. Thanks.
Found this in Ted Frank’s filing:
“After notice was provided to the class, several objections were filed, protesting inter alia how HP owners were treated in the settlement. See, e.g., Docket Nos. 240 and 251. Other objectors objected to the clarity of the notice. E.g., Docket No. 287.”
I’m guessing this references the objections/appeals filed and consolidated under 11-15182.
Sorry…copied the wrong piece of Ted Frank’s filing. Here is the correct section:
“Though objectors have filed five appeals from the final judgment (consolidated at No. 11-15192), the “Effective Date” of the settlement is the date of the final judgment rather than the conclusion of appeals. Settlement § 12. NVIDIA has paid Class Counsel attorneys’ fees, and is administering the settlement. No one has moved to stay the Court’s order that the parties administer the settlement. The December 20 Order thus remains binding on the Settling Parties, and the Court has jurisdiction to enforce it. Cf. Western Lighting Corp. v. Smoot-Holman Co., 352 F.2d 1019, 1020 (9th Cir. 1965) (affirming contempt order issued by district court for violation of injunction while appeal was pending).”
So, what Mr. Frank filed with regard to the settlement is separate from the appeals, and is intended to stop the administration of the settlement until HP class members are assured appropriate compensation. Again, this was filed, and Mr. Frank, along with Milberg and attorneys for NVIDIA appeared before Judge Ware to discuss this matter on March 28.
A $200 replacement? For laptops that in some cases cost upward of $2500? Fraud! NVIDIA knowingly used faulty chipsets … and unwitting customers get the shaft.
I wholeheartedly agree that the treatment of the consumers of HP notebooks have gotten the rotten end of the stick when it came to the first judgment. We were bamboozled into thinking that we were getting something similar in kind and value to our individual type computers– at least that is how I interpreted it. I am trying my best to exercise patience, and have faith and hope that someone with not only legal sense but common sense understand the gravity of our concerns for fairness and give us what we want. I do not understand why it is taking so long, but I remind myself that a month isn’t all that long (we’re not down to the wire.)
As far as the receive-by-date, as long as you mail it with at least 5 business days before the deadline, it will be received. I had two computers that were eligible for the replacement; my HP tablet, and my HP DV6000. I sent in my DV 6000 and it was received within 2 business days. The claim form that is sent from the claims administrator is for 2 day shipping of your notebook. That being said I’m not biting my fingers yet because theoretically, we have until the beginning of July to mail the tablet pc.
If the reason for the hold-up of a better replacement is because they already agreed to give is the cheap replacement, the solution is really simple. Those who have already received their replacement pc’s and haven’t opened them can send in their untouched “new” computers for the agreed replacement. Those who waited for the result of this appeal before sending in their defective computers would just skip the process of having to exchange yet another computer. And though this might be mean, those who got the replacement and opened and used the computer would either get a refurbished replacement to their original defective pc because in using the computer you depreciate it’s value. I’m no lawyer, but this was just my idea and I thought that sharing it might help in some way.
I am as anxious as everyone else to get a fair decision on this. I really do hope that whatever the reason for the long wait, that it would become well worth it.
In an earlier reply I said, “I still find it unbelievable that people are getting their replacements, as mine was sent in BEFORE (and in some cases weeks before) any of those claiming to have received theirs and I still have received nothing. It would surprise me greatly if anyone HAS received a replacement, because with the run around we’re getting and the fact that the timeline continues to increase, it appears that they are waiting for either the judge’s ruling or the July 28 deadline, whichever comes first, before sending anything.
If you think about it for a minute, that makes the most sense. If the judge were to rule in favor of the class AND (though unlikely as it is) he rules that everyone, including those that have already sent their old laptop in, are to get a replacement that is TRULY of like or equal kind and value, then nVidia would be on the hook, not only to provide the various laptop replacements, but for return shipping for all those of us who have already sent in our laptops to return them. Also, since the replacement is a discontinued model, HP would be on the hook for a truck load of worthless laptops. For every one of us that have heard about the motion (I only found out by pure luck and that still AFTER I had sent in the old one) there are dozens that didn’t and have already sent in their old machines.”
If you have the time and patience, look up other class actions between comsumers and uber-large corps and you will find that MOST of the plaintiffs received FAR less than compensation for their losses. This is America and she is a totally two-faced lady, especially where justice and fairness are concerned. Who knows what kind of “back-room” wheeling and dealing has gone on in this case, but you can bet your bottom dollar there has been a lot of it and it may well have included Judge Ware, as evidenced by the above references to his being judicially admonished for misconduct. When it comes to those who hand out the laws and justice in this county, from presidents to small claims justices, EVERYONE is in everyone else’s pocket. It ALWAYS comes down to politics and the corporations are the ones who get politicians elected and you can bet your life that those billions of $$ are not handed out with NO STRINGS attached. “We the people” DO NOT run this country any more (haven’t for over 100 years), but nobody wants to consciously accept that, because to do so would destroy the warm-and-fuzzy image that individuals and/or small groups of every-day people actually have rights and recourses against the ultra-minority that do run the country! Every time someone tells me what a great country this is because we have all these freedoms, I tell them the same thing, “One has the freedom in America to shut-the-hell-up and do EXACTLY what you’re told to do.” Nothing in this country is FREE! And one ONLY has the rights he can afford to buy.
It’s nice that we have a place where we can air our bitches and frustratons so we don’t go completely nuts, but under no circumstance think that any of this will make the slightest difference in the final outcome. Uber-corps like nVidia, HP, Microsoft, etc., etc. will continue to KNOWINGLY cheat their comsumers out of billions and NOBODY is going to stop them. Just look at the anti-trust suit against Microsoft – Yeah, some lowly judge on the federal bench saw that Microsoft was wrong and sought to do something about it and even though he didn’t try to break Microsoft up or compensate anyone for their losses at the hands of Microsoft and even though his ruling was more than fair and even though it would have cost Microsoft next to nothing to just admit their wrong-doing and comply, Microsoft appealed and ALL of the sanctions against them were over-turned in the U.S. Appellate Court and no one, not the plaintiff’s or their attorneys, tried to bring the matter before the Supreme Court. Regardless of the fact that doing so would have been an exercise in futility, as the Supreme Court hears less than one tenth of one persent of the cases actually filed there, it just shows you that justice is BOUGHT AND SOLD in this country and NOT dispensed as mandated in our Constitution. (Though on a side-note, what the U.S. Supreme Court hasn’t “redefined” out of the Constitution since the Civil War, the Patriot Act has made null and void.)
I am in the same boat, I mailed by laptop back to them on 2/22/2011 and I still have not received my replacement. I called early this week and the lady said that 8-10 weeks. I am a little sick.. and I just wanted to get the replacement and re-sell it in Ebay asap and get over the whole thing.. my DV6000 laptop broke down 2 years ago and HP had fixed it 4 times for me before (yes, 4 times) and I already bought a high-end dell and a tablet.. No need to have the low-end cq56 laptop.. Hope that my replacement will come and I can get $250 back…
I do feel bad for others that pays over $1000 for their broken HP laptop..
Good Luck to all..
If everything is so “lost” as your post pretty much says then why are you on here? Is it to make people feel as bad as you must? Is it to try and show how much more superior you are than counsel or the rest of us?
If you really believe you have all the answers then please file for yourself and we’ll see.
We are not all babes in the woods when it comes to “uber” companies and know exactly how much power their money grants them but sometimes the world tilts on it’s axis just a bit more and justice prevails.
I posted the following in two replies earlier, but those replies never showed up.
***************************************
@ Chad
Yes, I have a pacer account.
Here you go:
http://waynesallee.com/downloads/cv-04312-jw.pdf
http://waynesallee.com/downloads/11-15182_Docket.pdf
Wayne Sallee
Wayne@WayneSallee.com
Oh it’s showing up now.
Maybe we should post in the forum to make it easier on the admin.
Wayne Sallee
Wayne@WayneSallee.com
@wayne
forum is a good idea. Due to spammers, postings have to be manually approved.
I’ve posted in the forum at http://fairnvidiasettlement.com/forum/faq/status-of-the-class-action-law-suit-cv-04312-jw-and-its-appeals/#p33
Wayne Sallee
Wayne@WayneSallee.com
I don’t think I need to rant & rave how sucky hp products, I paid over $1xxx.xx for it & gonna get a bigger turd for the turd I already had cuz every1 here has already done it. LMAO!! I sent mine in on 2/23/2011, called them 03/21/2011 (my b-day), only for them to say something was mismatch. Odd it was a TOTAL match. After having them investigate the issue further they approved my claim about 2 weeks later & said I would received a replacement 8-10 weeks. I thinking it’s 8-10 week from the approval date I’m suppose to get my replacement because it’s been 10 weeks yesterday from when I sent it in. But I’m very patient & will wait maybe I’ll be lucky & get a better turd than what they will send me.
Why are some on this site so rude to other? Seems everyone wants to say “you can get your own lawyer”? As if we don’t have the right to question the actions of the people involved in this settlement. We all got screwed. So I personally don’t find it at all strange that others like me would question everything to do with this settlement, this site included. I think that they are legitimate questions and the ones with the rude replies need to realize this and not be so offended when we question everything to do with this situation.
I would like to mention that it is my personal belief that Mr. Frank and the Admin have ALL of our best interest at heart. But I do not agree with bitting peoples heads off when they are just asking questions. Especially when they are pertinent and useful questions.
Thanks for the updates. Fortunately or unfortunately I filed the cliam on time. After researching the replacement models I was extremely dissappointed. These replacements are seriously inferior to my original purchase. I have not received a replacement but apparently my claim has been approved. Waiting & hoping there is a positive, consumer appropriate decision made and enforced.
Any updates would b appreciated.
Anyone watch the latest new South Park episode and feel a certain commonality? “Would you mind loaning me some of your lipstick HP/NVIDIA/Milberg because I want to at least look pretty the next time you decide to ‘screw’ me!”
The case was “closed” on December 20 when the final judgment was issued. “Closed” is merely an administrative notation for statistics record-keeping, and doesn’t accurately reflect the state of affairs when there are post-judgment disputes over a consent decree.
As others have posted, the final judgment retained jurisdiction over the administration over the settlement. As anyone looking at the docket can see, there have been numerous filings after December 20 (when the case was “closed”).
Unfortunately, as Mr. Sallee correctly indicates, if a class member attempts to contact to court to resolve disputes over settlement administration without going through the formal filing procedures, the court ignores those requests by punting them to the indifferent settlement administrator instead of telling the class member to engage in formal filing procedures. I don’t know if that’s because the judge doesn’t understand the import of the letters, or because one of his staffers doesn’t understand the import of the letters: I know I had a similar problem at the oral argument, when the judge kept mistakenly calling me an objector, and a disturbing amount of my oral argument time was spent explaining to the judge who I represented and what my role was.
So basically the court has frozen out any class member who is not using a lawyer to communicate with the court; the communications haven’t even been placed on the docket. I don’t believe that that is appropriate, but there really isn’t a remedy for that. I agree that this isn’t a good sign for the degree of attention that’s being paid to our case, but the only thing that can be done differently is for people to hire a lawyer to formally file the emails on the docket and serve them on the opposing party.
I don’t see how this motion is a scam (or who John Sallee thinks the scammer is, or what their motives are). I’ve spent thousands of dollars of my non-profit organization’s money on this case representing five class members pro bono asking for relief for all HP owners; Kevin has spent a lot of money out of his own pocket to establish this website and organizing hundreds of class members. We may get results; we may not; I’ve never said anything otherwise, and I’ve never said anything about the case that isn’t true. In fact, I’ve repeatedly told people to consult with their own attorneys on the issue and not rely on anything I said. I’ve simply said that sending in one’s computer has consequences, and not sending in one’s computer has consequences, and individual class members have to decide for themselves what the best option is.
Back when notice was issued, there were several objectors over a variety of issues. Five groups of objectors have appealed the decision of Judge Ware to approve the final settlement. Their briefs are due in the Ninth Circuit May 31. The responses will be due in June (we can likely expect a granted request for an extension to July), and oral argument will be scheduled some time in 2012. (I have a Ninth Circuit appeal pending now. We filed our reply brief September 2, 2010, and oral argument is scheduled for June 7, 2011.) Judging by the papers filed in the district court, and the fact that not a single objector has asked me to get involved (though we have a common interest and I would work for free), I don’t have much confidence in their chances of success, but maybe their appellate briefs will surprise me. (I’ll be less surprised if they each accept $10,000 from Milberg to go away and dismiss their appeals before May 31. I don’t operate like that, but most objectors do.) The appeal will not affect the settlement administration unless the objectors win the appeal, but the Ninth Circuit is unlikely to rule before late 2012 at the earliest, and most likely 2013.
My clients, like most people who read the notice, thought that they would be treated fairly given the promise of a computer of like or similar kind and value, and because they made the mistake of believing that Milberg would act in their best interests, didn’t object. By the time I got involved, it was too late to object, and the only thing to be done was to ask the court to enforce the terms of the settlement, which the court may or may not do.
As for Mr. Bell, he sent me an insulting email long after the deadline for filing briefs telling me that I had done everything wrong and should have made different arguments. (You can get a sense of how strong his alternative arguments were by his ramblings about irrelevant topics above.) I told him, again accurately, that his opinion on the subject was a bit too late to make any difference how I prosecuted the case, that he wasn’t my client and I wasn’t his attorney, and that he should get his own attorney if he didn’t think my work was getting the job done. But I’ll happily offer him double the $0 he’s paid me if he’s unhappy with my work. I wasn’t very patient with Mr. Bell, but to this day I don’t know what he thought he was accomplishing by sending a volunteer such a rude email.
There are over a million class members, and who knows how many HP owners affected by NVIDIA defects that aren’t class members. If someone sends me an email that asks me a question that I’ve already answered in the blog (“Has the judge ruled yet?”), they’re being selfish and rude: I can’t possibly individually respond to every single class member. They’re not “just asking questions,” they’re taking time away from people I could be helping in other cases.
I’ve gone far above the call of duty in this case to class members who I owe no legal obligation to: I’ve given regular updates on the blog and Facebook page; I’ve spent dozens of hours of my leisure time (it’s 11:30 PM on the East Coast) monitoring two forums where this is being discussed to correct misinformation and confusion. If I wanted to paint myself in glory, there are far more prominent cases that I could be involved in where I would have greater chances of success that would require much less work than the 100-hour weeks I’ve put in on this case.
When I say “Get your own lawyer,” it’s not saying “Don’t question me.” It’s saying exactly the opposite: “Question me by checking with a neutral third party who *does* owe you a legal obligation.” Because (1) I believe I’ve conducted myself well with respect to the interests of the class in this case and you’ll hear that if you talk to someone else and (2) I’d be thrilled if there were other lawyers out there getting involved and putting papers before the court pointing out that there’s a problem. Indeed, *please* get your own lawyer in that regard. Find a law school clinic or consumer law group (or, better yet, a government official) who wants to do something about this injustice.
Thank you for your taking the time to respond here Mr. Frank, and for all you’ve done for the HP class in this case. I can’t speak for anyone else, but I certainly appreciate all your efforts.
My comments where not directed at you Mr. Frank. Seems that I can’t make a comment on here without it being misconstrued so I am done commenting (this is my last).
My goal in commenting has been to attempt bring balance to some of the comments. I do not object the the website or its motives, nor do I think Mr. Frank has done anything but his best at representing the class. I understand the “get your own lawyer statement” when coming from a person whom has put many hours into this case. Its commenter’s that are parroting this statement that I am objecting to.
Thanks Mr. Frank! You appear to be one of the few honest lawyers this country still has. I appreciate your efforts in all of this. From my understanding of your last post, does this mean we could expect a result sometime in 2012?
“Five groups of objectors have appealed the decision of Judge Ware to approve the final settlement. Their briefs are due in the Ninth Circuit May 31. The responses will be due in June (we can likely expect a granted request for an extension to July), and oral argument will be scheduled some time in 2012.”
I am not at all a lawyer, but I think people want a fair replacement and at the same time are like me and are tempted to just take what they can get now that we all have HP paperweights.
Thank you again for posting and keep fighting the good fight.
The schedule for the objectors’ appeals has nothing to do with the schedule for the district court judge’s decision on our motion to enforce the settlement.
The judge could issue a ruling this afternoon; the clerk working on our case could get bored and focus on different cases and it would be months before we got a ruling.
I have a case in Chicago where we’ve been waiting for a ruling since October. I have a case in Orange County where we’ve been waiting for a ruling since February. On the other hand, I have a case in Kansas City where one defendant filed a reply brief in support of its motion on April 25, and the court ruled on it today.
It’s entirely up to the judge when he decides to rule. If someone’s feeling ambitious, they can look at Judge Ware’s calendar for February 28, see when the motions argued that day got decided, and guess that our motion will get decided about four weeks after that.
I would think that if the judge were just going to rubber-stamp what NVIDIA did without thinking about it, he would have done that already, so there’s an argument that the delay is a good sign. After all, we have both the facts and the law on our side, while the other side has a lot of obfuscation tactics. The more time the judge spends analyzing the arguments, the more likely we are to win. That said, the delay might just mean that we’re on the bottom of a big backlog, and nobody’s gotten around to spending any time on our case yet.
Since you mentioned Judge Ware’s schedule, I decided to take a peek and did find this:
(CV = civil; CR = criminal)
May 2, 2011 (CV Mtns Closed out on 3/3/2011)
May 9, 2011 (CV Mtns Closed out on 2/11/2011)
May 16, 2011 (CV Mtns Closed out on 2/11/2011)
May 23, 2011 (CV Mtns Closed out on 2/11/2011)
May 30, 2011 (FEDERAL HOLIDAY)
June 6, 2011 (CV Mtns Closed out on 3/3/2011)
June 13, 2011(CV Mtns Closed out on 3/3/2011)
June 20, 2011 (CV Mtns Closed out on 3/3/2011)
June 27, 2011 (CV Mtns Closed out on 3/29/2011)
If I am looking at this correctly, I am guessing we don’t get a ruling until at least June 27, since all the other hearing dates were closed out on prior days, our (your) motion was heard on 3/28, and motions for June 27 closed out on 3/29. Perhaps I am mistaken?
Again, thank you very much, Mr. Frank, for all the effort you have put into this case to get us a fair settlement.
i sent my laptop in right away and i have still not recieved my paperweight in return as of yet
i just calledin since i was one of the firstto send in my laptop and was wondering when my paper weight was going to be shipped out they told me HP has not started to ship out the new ones yet lol
Frank, thanks for your post, and the time-line.
Keep in mind that with all of the lies that we have been told by hp, nvidi, and Milberg, we tend to be skeptical. After being burned several times in a row, one tends to be objectionable.
I appreciated the time that you have taken. This problem has affected such a huge number of people that have been lied to by so many people, that many of us are wanting answers. And the answers that you have given have been helpful.
Also as a reminder to everyone, the forums are at http://fairnvidiasettlement.com/forum/
General discussions can be found by clicking on “FAQ”
Wayne Sallee
Wayne@WayneSallee.com
Has anyone tried to contact the settlement customer support number lately? I have been trying since last week and it keeps disconnecting the call after selecting 0.
I want once again to express my thanks to Mr. Frank and to Kevin. Thank you both for all you have done to help so many.
I see but a single issue confronting us at present. Reading between the lines of Mr. Frank’s post, I don’t believe he or anyone else can help us with this issue. I would like to hear opinions of others because, despite fancying myself as a “together” individual, I honestly don’t know what to do:
The issue to which I refer is, of course, the current “received by” day of July 18, 2011. I think I was the first poster to focus on this here, many weeks ago. I know after I posted back then Kevin started his invaluable countdown clock. It now appears virtually a certainty that Kevin’s clock will run out prior to our having resolution from the Court. It appears it won’t even be close.
I don’t know what to do. If I’m going to be forced to ship my laptop anyway, I am better off shipping ASAP. I can’t ignore the cutoff date based merely on the HOPE Judge Ware will eradicate it retroactively. Hope is not a reliable strategy. Ideally the Judge would cast aside the July 18th cutoff date in advance, allowing class members to await his decision in safety. It’s not an ideal world. And I can’t risk receiving nothing at all as a price for waiting beyond July 18.
Thinking in real time and “out loud”:
Possibly the best course of action would be to permit a safe additional increment of time to pass . . perhaps until mid June . . send back my laptop then while there is plenty of time cushion vis a vis the 18 July cutoff . . . and not to open the replacement until the case is settled.
Trouble is that could be, in the event of appeals, 2013 or even 2014. And by then, if we lose and nVidia/Milberg wins, the CQ56 will have lost much of its current 2011 not-all-that-high-to-begin-with value.
I don’t know what to do.
@shinobi
Thanks for quoting my April 25, 2011 at 12:44 pm comment, but in a more drawn out way.
…”Fact 5: Waiting ’till next year to make a decision and thus waiting well past the deadline to mail in old machines, was the point I was making. If we do not send in our machines by the deadline, we risk absolutely no compensation if Ware rules against us. And if we do mail in our machines before the deadline, our complaint is moot as we have just eliminated ourselves from any further legal recourse.”
According to a previous call to the information line, my claim was approved and old laptop received at HP on 3/26. I called today to see if the rep would actually provide some usable information. Imagine my surprise to not only hear that they have ordered the HP laptops but that none had shipped yet. The last time I called, I was told that they had started shipping. Not to mention, that some here said that they had received theirs.
What really annoys me is that they won’t give you any kind of date nor do they even plan to tell us when they actually ship it. They obviously don’t care that people have lives and will probably not be home when it arrives. I wonder if I will ever see the replacement.
Being a “survivor” of the GM bond shafting I’m a bit jaded about the whole court thing ESPECIALLY the 9th circuit. I’ll wait until the middle of June to send my craptop in for craptop part 2. Dunno where this is headed but we’re along for the ride so we might as well sit back and look out the windows until we stop.
Folks-
With 500+ comments, it is getting little bit cumbersome for people to follow different conversation tracks.
Please go to the forum section (you can find the link at the top of the screen) and leave your comments so that others can better follow threaded conversations.
This comment section is closed, effective April 29, 2011 23:20 ET.
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