In my earlier posting (here), I talked about holding off on sending in defective notebooks to preserve any rights we may have for enhanced replacement computers. As it turns out, many folks did send in their notebooks or tablets because they were simply unaware of what was going on with the settlement administration.
Although I cannot predict how Judge Ware will decide, I think there is a valid argument as to why you, the recipient of a CQ56 replacement notebook SHOULD BE INCLUDED in any enhancement replacements, should Judge Ware decides in our favor. Why do I think that?
Specifically, the online claim form consisted of 7 steps or screens. Although I have all 7 screens from my personal submission, I am going to focus on screens # 1 and 6:
- Screen # 1: Initial introduction to filing a claim (here). This section is VERY IMPORTANT to your cause because page 2, second paragraph specifically stated that your defective notebook “…will be replaced with a CQ50 notebook…”. As you may recall, CQ50 model had number of sub-model variations in which one sub-model contained a dual-core processor.
- Screen # 6: Claim form waiver (here) which you *might* have waived your rights to any potential enhancements in the future. But at the same time, you signed off what amounts to a written contract with NVDIA, Milberg and/or the settlement administrator that in exchange for sending in your defective notebook, you WILL RECEIVE a CQ50 replacement notebook.
Since you ended up receiving a CQ56 with a single-core processor, NOT a CQ50 with your expectation of a dual-core CPU, you might be able to say that NVDIA/Milberg/Settlement Administrator are contractually bound to correct that error and send you a CQ50 notebook.
What do you think?
PS. BTW, please remember that I am not an attorney and any comments in the blog are my own personal opinion.
{ 21 comments… read them below or add one }
Your comments sound good. I too am not a lawyer and sometimes things do not go as what seems logical. I only wonder how it will work with the people that already have received the new low line laptop. Some have already tried them out and have not been impressed. I tried one out at Best Buy and was not impressed and that was with no programs loaded. It is a step above most netbooks but not too swift for doing more than one thing at a time… but neither am I. I will wait before sending my dead HP. I agree that even the early senders of their HPs should be included in any of Judge Wares decisions. With the changes that have occurred from the original wording of the decision …. it appears NVIDIA has violated any agreed upon terms.
That was one of the reasons a large number of people didnt come to a decision regarding whether to send in their machines or not it wasnt clear which CQ50 they were talking about. For all we knew it was a custom built CQ50 which matched the specs of our replacement machines or the baseline or topline model in the range. How people are to make an informed decision in these circumstances is beyond me.
Again, no one is commenting on the inserted paragraph waiving one’s right to any action that entitles them to a better grade computer later.
Was I the ONLY one to get a claim form with that paragraph added??
oh my mistake. I see the reference to that paragraph in your comment.
I’ve got to dig that letter out and see which computer the letter “promised” me…lol.
I just sent my laptop off to them yesterday (FedEx). I was told today by a NVIDIA employee, that it will take 10 weeks before I received my COmpaq Presario CQ56-115DX Notebook. It’s amazing that we will get such CHEAP and slow laptop, when I paid over $600 for the one I returned to them. The laptop I am getting is no comparison to the one I returned, but I guess its something. Because the one I had, was on it’s last leg, not due to anything I had done to it, because it looked good, and I kept it up. But whatever internal issues that was going on with it.
I sent my HP tx-1000 (which I paid $1,800 for) in about 2 weeks ago. I selected to receive the Asus EEE tablet, as I felt my replacement computer should at least be a tablet. Although I agree with the reactions of most people on here, that the replacements aren’t up to par with most of the affected models.. I have to say it’s a better alternative to what I thought I had, just a dead, un-repairable $1,800 p.o.s.
So, although I caved in and sent my computer in, new updates regrading this case still interests me as my room mate still has his tx-1000. The only problem is that he never sent in a claim form (due to the fact that he didn’t want either of the crappy replacements) even though he has the proof of purchase from 2007. Would he be able to take part in this new settlement, if it gets approved? Or is it too late for him benefit from this class action?
We switched to Macbook Pro, yes I know some had the NVIDIA chip issues but it seems Apple delt with it much better. I’ll NEVER own HP anything anymore. Returning my printer for a Non-HP printer and discouraging anyone I know from buying NVIDIA or HP.
I guess I’ll give ‘em $1000 worth of publicity, that would be BAD publicity!
Seems to me the judge would have someone on his staff thay could point out the mistakes in the low end judgement and it could be rectified soon!
I sent my bricked Hp DV6000 on February 26th. Have not received any word on when I’ll get my crappy replacement. Not too happy with HP or Nvidia. I am now a proud owner of a Macbook and an ipad. i wish we had just received cash.
From Screen 1″Most HP computers will be replaced
with a Compaq Presario CQ50 notebook computer” I dont know if this will help us. I paid $1200 for my DV9000us and I think a defective machine running XP would be better than a single core windows 7 basic. I have not heard anything about a counter suite since the judge denied our request, has that faded away?
I too received a Presario CQ56 rather than the promised CQ50. I sent back a 17″ Pavillion 9000 worth A LOT MORE MONEY. I am so mad that I would like to throw this one back at them. I don’t have the money to buy something else. I would like to know if we have any recourse. How do we find out.
It is not Win7 Basic. Are you using that term generically (as in it being a VERY basic stripped down machine) or are you thinking it is the REALLY stripped down OS version?
Soooo, I just got my settlement computer after 13 weeks and am totally disappointed. Not only is it significantly inferior to my “defective” laptop, but it only came pre-loaded with Office Starter version, which means my previously purchased “upgrades” are insufficient. I’m looking at spending $499 for comparable Office products to what was on my defective laptop. Had I know this I would have saved myself the 13 weeks and just bought a better laptop altogether.
My calls to the Settlement line, HP and Milberg were a huge waste of time. Is this really how it all plays out?!?!…..
I just received my replacement laptop. What is the deal?? I have no expansion slots, no slot for various sized SD cards (how to transfer photos, proposals from work laptop to final pc for processing), no Light Scribe drive or program, on and on. I am so pi**ed I could scream! I have already contacted HP because of a defective mouse pad on the replacement. Where can I complain where someone will listen to me? HP won’t because it was an NVIDIA settlement. (??????) Help!!!!
I just received the replacement Compaq computer…. it does not even have a camera or microphone…..talk about cheap!!!!!!!! I had an HP entertainment computer with remote control, etal…….
I wouldn’t buy this for my 5 year grandson!!!!!!!
NVidia and the courts DID NOT come up with a satisfactory solution to this problem…. not even close to the loss of all the data on my computer when it had a final crash….
The attorneys working on the customers behalf were very greedy since they DID NOT make sure that we were sufficiently reimbursed for our computers with much more technics as well as loss of use and information!!!!!
We had a Hp dv Laptop and I did send it to the address sent to us by the Nvidia settlement emails. I have lost the claim # and it has been 2 months since… when should we be recieving something? It seems that they would at least email a tracking. I went searching back through my emails and we were kept posted during the whole trial phase but were always emailed via a no reply email address mps3.rosenthalco.com. How do I find out what happened to our laptop? I reformatted the hard drive before sending it on bc we had some private data about our business on the hard drive. I am worried where the machine ended up? Please help me if you have any info.
One of the greater deceptions is that the author of this website is on your side!
I own a computer store and with so many systems that had nvidia GPU’s and suffered from the same symptoms that were not included in this settlement for one reason or another, they at Nvidia got off big time. Acer Gateway and Sony for starters as well as the DV6700 series and up. All had same issues but when contacting HP found that they were “not effected”. Now I sit with 3 different systems of my own that I paid for and when I submitted my claims for repair as I switched out the motherboards and processors from AMD to Intel, they have slowly denied every single one of them for their own reasons and told me I was unable to do anything about it.
Well if you are into the stock market I would say dont buy anything that has to do with Nvidia cause with so many people being abused and manipulated by big business and expensive suits it is bound to get out that they suck.
PS: The checks for reimbursement were supposed to be sent out by July, I got denied in Aug. when I submitted my claims back in January, strung along for 7 months, waisted time and money mailing in things they say I needed to, getting back letters indicating that I would be getting a box sent to me in 7 days for a computer that was already fixed then when I call I got, oh you got that letter by mistake. They hired a bunch of people, told them it was temporary employment, poorly trained them and viola, the rest is history.
Is there someway I can open up or start another class action against the class action because it seems to me there would be alot of us still seeking justice for this poor settlement!
I received my laptop approx 1 month ago… OMG so VERY disappointed. I really feel like I have been HAD
Is there anything that we can do?
It took me a long time to finally receive everything I needed to send my lap top back and when I found out what I was going to receive back I was pretty upset; just like most of you.
This Compaq CQ56 is terrible; not SD card compatible; no webcam; slow..very slow…I hate it.
Used few times only and yesterday it stopped working. I closed the lap top without turning it off completely and it does not work anymore. The screen is all black and no sound of nothing.. I’ve been trying to turn it back on for 2 days and no success.
I wonder if I will get a replacement. Has anyone here had the same problem?
i payed $3000.00 for my HP DV9000.. when it first came out and they want to give me a piece of $hit not even worth pooing out my bum as a replacement. you gotta be fuken $hitting me!
IMO give everyone a M17 from ailenwear as they atleast now how to make products that dont die the moment you press the on button!
and also a hand written letter saying how fuken sorry they are!