Thursday, January 13, 2011

NVIDIA GPU Settlement - HP replacement computers

Update: Court rules for NVIDIA. If you're a class member with questions about the case, and why your attorneys argued against your own recovery, you need to talk to your attorneys at Milberg; I cannot help you. Please do not contact me about this case asking how you can get your computer fixed.
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In the NVIDIA GPU settlement, owners of HP notebook computers affected by a defective chip had to be thrilled: the settlement notice promised them that, with proper documentation, they would receive a “replacement HP notebook computer … of similar kind and value as their eligible malfunctioning notebook computer.” But after the settlement was approved, they learned,much to their displeasure, that their class counsel, Milberg LLP, negotiated that they could only receive an entry-level Compaq CQ50, often worth over a thousand dollars less than the computer they would be replacing. Let's hope this is an oversight, rather than a deliberate attempt to deceive the class and the court: I senta letter to the settling parties' counsel today asking for clarification.

Update, January 16: I'm getting dozens of emails from class members because of a couple of posts on HP-related message boards from class members suggesting that I be lobbied. Please understand that I am not in a position of power to unilaterally do anything about the settlement. I am an attorney who represents consumers pro bono in similar situations where attorneys try to rip off class members in settlements. I am certainly interested in this case based on what I've heard, and I am investigating at the request of a class member. I agree that the current settlement claims process is inconsistent with the notice given the class; you don't need to try to convince me of that fact. If the settling parties don't do anything to fix the problem, and can't satisfy me that they have a legal basis to do what they did, and research determines that legal intervention has a chance of fixing the matter, I'll write back a few of you to see if you can generate a signed declaration for the court proceedings to help the court understand the extent of the breach of the class counsel's promise to the class. But I amnot your attorney unless you and I agree to a signed retention agreement that I am your attorney. The fact that I wrote a letter to the class counsel about this question does not mean that you should not investigate the possibility of legal representation for yourself.

Update, January 18, 4:15 PM Eastern: I have not received anything in writing as of this afternoon. I called the Milberg firm, and they claim that the information on the website is "premature" and not the "final" version of the settlement. This is mysterious, given that Milberg has control over the website. Worse, Milberg refuses to provide anything in writing that the website will be updated with different information, so Milberg can deny that they told me this later. Still, there is a claim that there will be a "meeting" tonight to discuss modifications to the claims process. One would hope that any such modifications includes corrective notice to the class and an extended claims process to make up for the inaccurate information previously given. I will check the settlement website next week. The low level person I spoke to did not seem to understand the difference between an objection to a judge's decision and asking Milberg to comply with the judge's order, and kept asking me if I thought the judge had made a mistake. Class members thinking of writing me should instead politely call Milberg at 213.617.1200 and get an answer about whether and when the Milberg NVIDIA settlement website is up to date, and why inaccurate or "premature" information has been posted to the website. If Milberg tells you something different than they told me, leave a comment here.

Update, January 26, 7 PM Eastern: I finally spoke with Mr. Westerman at Milberg. He's asked me for more time to negotiate with NVIDIA to work through some of these issues. Depending on whether the settlement administration procedure changes, at the end of the day, we may or may not agree whether the parties are in compliance with what the settlement and the class notice promised, but I'm willing to give him the chance: my preference is for the parties to make this right without me getting involved by filing papers with the court. If I sign up clients, I will not be signing up dozens of clients: I will be working with two to five people who have very clear-cut cases where the CQ50 or the Asus EEE T101MT-EU17-BK is self-evidently to a layperson not a “replacement HP notebook computer … of similar kind and value as their eligible malfunctioning notebook computer” and ask for classwide relief; I may contact a few other class members and ask for them to provide declarations supporting the argument. That said, you should not view my participation in the case as a reason not to retain a lawyer on your own: I am not your lawyer unless we have a signed retention agreement. While I am happy to receive spec sheets describing the model of your computer and comparing it to the replacement computer, please do not contact me asking me for updates or for personalized legal advice: I will update this blog post as new information comes in; if you've read the blog post, you know everything I know and can tell you.

Update, February 1: After another conversation with Mr. Westerman today, I will reevaluate the situation on February 9.

Update, February 10. The settlement website has been finally modified: claimants deemed ineligible between January 10 and January 22 are encouraged to resubmit claims; the replacement computer remedy for HP notebook computers will be a Compaq Presario CQ56 computer, rather than a CQ50. That still doesn't address the tablet problem; leave your comments on your thoughts about the CQ56. Mr. Westerman has asked me to refrain from action this week (and, frankly, the press of other commitments in existing cases would mean that I would need to do that anyway). Please remember that I am not your attorney and cannot provide individualized advice on how to respond to the settlement, and please do not rely upon me as your only recourse; there may be other attorneys willing to look into this. In particular, I encourage you to contact the consumer division of your state attorney general's office (and city/county office as well, if you have one). I will check back in with Mr. Westerman February 15.


Update, February 16 - The settlement has been modified, though in ways that do not solve the grievances earlier discussed for most class members. A number of class members have formally retained me; we'll be filing some sort of papers with the court before the end of the month asking for the court to intervene to enforce the promises made to the class, though I'm still doing research as to what form those papers will take, and whether we're proceeding against just NVIDIA or both NVIDIA and class counsel. (NVIDIA counsel never responded to my letter.) I did not speak to Mr. Westerman on February 15, and he's in court today, but I'll try to reach him tomorrow to determine class counsel's position on our petition to the court, and whether they'll cooperate with us or oppose us. (I would view any opposition as a breach of fiduciary duty to the class.) One thing I know we'll want is declarations in support of our motion. If you're interested in submitting such a declaration (under oath, under penalty of perjury) to the court expressing your thoughts on why the computers are not of like kind and value, leave information in this thread with a way to contact you, and someone may be in touch with you next week (though we probably will not have the chance to get declarations from everyone who offers to issue one). Please continue to note: (1) if we do not have a retainer agreement, I am not your attorney in this case; (2) I cannot offer individualized advice about how to respond to the settlement; and (3) if you do submit a declaration to the court, you do so voluntarily to help the cause of your fellow HP owners: it does not make me your attorney.

Update, February 22 - One of my clients has established the website http://fairnvidiasettlement.com/ to summarize what's happening and collect potential declarations from other class members. While he is doing the declaration data collection on my behalf, he is not speaking for me, but the site is a useful compendium of information. We may end up with dozens of declarations, but I am not going to want to overwhelm the court, and will likely only use six to twelve of them. I am currently negotiating a briefing schedule with the settling parties in the hopes of getting a hearing date with the court before the claims period expires; without court approval for expedition, there wouldn't be a hearing before April.

Update, February 24 - We filed papers with the court yesterday. Further updates will be in this post.

145 comments:

  1. Thanks for looking into this. The result of this "fairness hearing" was anything but.

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  2. Thanks for sending out that letter. I'm in the same situation. I dont want to receive a netbook instead of a real laptop.

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  3. Thank you so much for looking into this! I am also part of this settlement and have been following it closely. Never has it been stated that we would receive such a lower-end product until after the settlement was approved. I hope this situation is resolved before too many send in their computers and lose hundreds of dollars.

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  4. Thank you so much for looking into this. I been following the settlement closely and was disappointed with the resolution.

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  5. Thank you,thank you,thank you!!

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  6. Ted, really appreciate what you are doing for us. An Asus netbook is not "in any similar kind" to my HP TX1000 from Display size, CPU, RAM, HDD, Optical Drive and Video card.

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  7. Ted-

    Just to follow up on my email, I would like to re-iterate in my opinion, the decision to send out an outdated, inferior notebooks as replacements are in direct violation of the final settlement signed by Judge Ware.

    In addition, I believe this is a classic "bait-and-switch", drawing in affected class parties with a certain promise, only to renege on the promise after the fact.

    I cannot believe that Judge Ware would agree that this follows his settlement edict.

    Thanks again for your help.

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  8. Guys, have you read at the nvidia gpu litigation website http://www.nvidiasettlement.com/ how much the attorneys are getting paid? well... $13.000.000 !! yes, 13 million, and the fine print will mostly denied most of the cases! Let's say that most of the "victims" got rid of their faulty computers... they wont receive anything because the faulty laptops must be send back to the attorney's for their "evaluation", then their own technical center will run some tests and if it happens that a laptop works for a few seconds.... it won't qualify for the settlement; also, if the laptops have some cracks or anything.... guess what? they will blame the owners.
    So, at the end only a few hundreds of "lucky" victims will get some ASUS which have a retail price of $430, the attorneys will get a good deal buying in bulk, lets say 300 per unit. If they approve 1000 cases, they will spend $300.000 and get paid 13 million! is it fair?
    How about the few users who paid (like me) over $400 to get the laptops fixed? the fine print say that they won't refund the total amount!

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  9. Guys, I forgot to tell you that the new version of hp tablets do not have optical drive. So,don't mention that otherwise we wont get those hp's.

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  10. This is total crap!!!! I paid over $1500.00 for my tx1000z with all the options. Now they want to replace it with a $400.00 net book with no optical drive and only 1gig of ram? This has to be a joke. The screen isn't even the same size. No fingerprint reader? No remote? Screw this....We can't stand for this. Where is the same value?

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  11. Juanxito,

    They promised " All HP Pavilion Tx1xxx models purchased between March 2007 and May 31, 2008 are eligible to participate in the settlement..." Now they the cousel will evaluate your computer and decide if it is qualified or not. How can the cousel know if the GPU chip works fine or not? For my case, one of my tx1000 tablets works fine for about one hour and then the display goes to black. I have to hard turn off the computer, let it cool down for one or two hours, then press the keypad very hard to get the display on again. I have to do it everyday for my computer. If I mailed my tx1000 to them and they can turn it on, then they will refuse the replacement?

    By the way, all computer purchased at the time frame are with the defective GPU chipset which is the condition for replacement.

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  12. It was to my understanding that they won't run tests on the computer, rather match the product and serial number to your provided claim.

    i sincerely doubt they will run a software test on each and every laptop affected.

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  13. Inu, we must be prepared for the worst; look at the FQA:
    "12. If I purchased one of the listed notebook computers during the corresponding time period but have not experienced an identified symptom, am I included?
    Yes, but to obtain a replacement remedy or reimbursement payment your notebook computer must have experienced one of the symptoms identified on Exhibit 1 in the Full Notice or by clicking here."

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  14. I see. unfortunately, i have my wifi card working now only because i have fixed it myself. hp has several call records of my conversations trying to get the wifi to work as well as two instances in which i have sent it in for that. I dont know how they will verify your claim, but i dont think they can check each computer. for all of those problems. hoping for the best though.

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  16. So this is one of the things noted on their FAQ's

    What will I get if I file a Reimbursement Claim?

    After the processing in this case is complete and if your Reimbursement Claim is approved, you will receive a settlement check. The amount of your reimbursement will be based on your claimed repair costs (as supported by the proof of repair documentation that you are required to submit), and the total value of all valid Reimbursement Claims received. If "the value of the Reimbursement Claims filed is more than the settlement fund, your claim will be prorated according to your individual share of all claims."

    ==========================================
    What exactly is the part that I quoted mean?

    Also, does this mean that I can get my TX1000 fixed and just file for an reimbursement? Overall, my laptop wireless is dead and no video. I heard that for my model, not only is the GPU got defected but the motherboard also. It'll be a hefty price if I replace all those parts.

    Another choice is to get their wacky replacement option. However, all my sensitive personal data will not be able to wipe out because I can no longer turn on the laptop. The screen is always black, no matter how many times I try.

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  17. ^Ultimeaciax

    1. I believe it is too late to get your laptop repaired and attempt to get it reimbursed (you would not want to do it anyway since only $2 million is reserved for reimbursement. That means if your repair cost is $500 and there are lots of people submitting reimbursement claims, you may potentially receive less than $500)

    2. If you have spent any money to repair it in the past, you can submit it for reimbursement AND since your laptop is no longer works, submit it to get it replaced

    3. Regarding sensitive data, the class action initially said that you can keep the hard drive. But the final settlement says nothing about allowing you to keep it. There are debates going around to keep it or not keep it but frankly why risk getting a new laptop for a hard drive? Buy a used laptop drive for like 5 bucks on ebay (don't matter what capacity) and stick it in your laptop before sending it in

    4. If you want to extract data from your existing hard drive, buy an external enclosure and plug it into your working computer to get the files.

    You can also visit here (http://forum.notebookreview.com/hp-pavilion-notebooks/541751-nvidia-class-action-fairness-hearing-tomorrow-almost-time-make-claim.html) for more detailed info

    Good luck
    Hope that helps

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  18. Thanks Kevin,

    Would you please suggest which HD for the laptop that I should buy on ebay? I don't want to buy one and finding out later that it's not compatible with the motherboard.

    Thanks again for all your help.

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  19. ^ ultimeaciax

    not to brush you off but i think this forum is better suited to discuss the settlement related issues.

    you will get more help if you post your question at the notebookreviewforum.com

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  20. I paid around $1000 and the replacement is nowhere near value or function...
    Thank you for your help.

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  21. Any response on that letter to class council?

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  22. I agree, is there a response? I have another probably more important question..... are they REQUIRED to respond? What are the consequences of no response? I think I will go ahead and file my claim because they can tie this up in court for years on some technicality and no one will see anything.... not that the lawyers will care anyway because they walked away with all the money (most of it anyway)... as always.

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  23. If nothing else I would be glad to hear WHY they are replacing it with such a lower end model after promising "an equal value". Whether it be due to lack of finances, or they are basing it off of a depreciated value, news would be great. I just want to know "Why?".

    Personally, I am not returning my tx1000 just to get a netbook that will never be of use to me. I am sure I can sell my tx1000 for scrap parts for a quick buck at more of a value than that ASUS netbook.

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  24. I just got off the phone with Mr. Milberg. I was told basically the same thing; that these models are "proposed replacements made by Nvidia" and are being investigated, further pending approval or complete denial. If you have all ready filed your claim, you are not "locked in", if details change and the replacement models are switched, so will your claim.

    I asked Milberg to throw a notice on the home page to help inform the people about the details that are subject to change, and they are in the process of doing this. Your claim will not be approved (and your laptop will not be replaced) until these final details are stamped out and the website updated. "Keep checking the website over the course of the next few weeks to keep up to speed".

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  25. inu,

    At this point, please be cautious to what they promised "not locked in" once you have already filed your claim. They definitely could say that you agreed to the replacement of your TX1000 with the Asus netbook because you read the claim form and filed it. What u were told was not an official announcement and they could deny it.

    I will wait for their official notice on the correction/update of replacement (if there is any) and then file my claim for the replacment. If there were no correction/update, I would join the petition against the settlement.

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  26. Spoke with a milburg associate a while ago there is a east coast west coast meeting tonight to discuss the addition of other replacement models this does not mean it will happen but is being discussed at least they heard us.

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  27. Thank you so much for looking into this! It really means a lot.

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  28. Any updates? It's been a week...

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  29. Thank God for this site. I was looking everywhere trying to find real discussion on this matter. I've already filed my claim but never got an email confirmation or anything. Has anybody got any notice through email about their existing claim? Filed mine online on the 11th.

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  30. Paid $1200 for my wife's HP Pavilion dv6XXX. The administrator's agreed to a $299 replacement?

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  31. I have two HP dv9408 17" laptops, HP quality. Now they want to replace them with junk. Thanks for this website, glad I found it.

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  32. Mr. Frank- thank you so much for your efforts here - we all appreciate it! Hopefully there will be a positive result.

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  33. Thank you as well!
    Just one question. I bought my HP junk TX1000 when I was living in the States. Since then I moved to Europe, and I'm not plannig to go back for a while. What can I do? HP doesn't care about me, the usual "out of warranty, we don't care", I can't contact nVidia here neiter..
    Could you please tell me where to start at least?!?

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  34. I filed my replacement claim as soon as I was able to, but have heard nothing as of yet. The settlement website and phone number they offer give no tracking options, or a live person with whom you can talk to to get a status update. I don't like what they are offering as a replacement for what cost me $2000 originally, but at the moment it is better than the paperweight I currently own, and if that is all I get out of this, one of my kids will benefit at least from the replacement. On another note, if you remove the HDD to get data off it as I did, you should format it before replacing it in the laptop. If they do happen to be running some kind of diagnostic on the computers sent in for replacement, they will not boot with a blank formatted HDD in them. Thanks for this website. I will continue to keep an eye on this, and also post any information I receive about my claim.

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  35. The key elements presenting in the notebook tablet under settlement claim (HP Pavilion tx1000) and important to my use of the laptop are:
    • dual-core processor of higher class: AMD Turion TL-56 is mid-low range (http://www.cpubenchmark.net/midlow_range_cpus.html) while Intel Atom N450 is low-end processor (http://www.cpubenchmark.net/low_end_cpus.html) hence a vast difference in benchmark performance (AMD Turion has 894 vs. Atom N450 319)

    • High definition display of at least 1280x800 pixels

    • Integrated or external DVD-RW drive

    • Bluetooth

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  36. Mr. Frank i have i question i bought my HP dv9500T p-n RL653AV end is dead after using two yers VIDEO PROBLEM but my notebook is NOT covered with Nvidia Replacement Claim what to do?

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  37. My laptop model is RX950AV, it appered on the affected models, but I can not send the claim, because the sistem does not acepted my HP Plataform wich is dv6000a. What can i do?

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  38. By reevaluate the situation, please don't tell me he paid you off and you're going to look the other way!

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  39. I've never been paid off by an attorney in my life, and don't intend to start now. That said, as I've said all along, I'm not anyone's attorney yet, so people shouldn't be relying on whether I get involved, and should feel free to seek legal help elsewhere.

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  40. Blogacomputer said...

    By reevaluate the situation, please don't tell me he paid you off and you're going to look the other way!

    Please Mr Frank,
    Do not think this guy speaks for us. Regardless of the ultimate outcome we are grateful that you took the time to look into this situation on all our behalves.

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  41. I didn't mean to offend, but the 2/1 update was really ambiguous...

    I appreciate the time you're putting into this and hope you're able to make some headway.

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  42. Thank you for your time Mr Frank. It is appreciated if not directly compensated.
    I would have been happy with any similarly equipped replacement laptop. The cheapest available laptop of unknown specifications is not what I would have preferred.

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  43. Mr. Frank-- Have you obtained any information regarding the specific model number or any specifications for the CQ50? There appear to be a large number of models. Do they come with Vista or Win7? How about RAM. Appreciate your involvement!

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  44. I did some research on these replacement CQ50 it is no where near a equal value it has overheating and display problems and the ram and hard drive on average ones are no where near what i paid to have put in mine........ all in all these are extremely cheap replacements that will break within a year

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  45. This comment has been removed by the author.

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  46. rumor's are the its the CQ50-115

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  47. Just joining this discussion. I too filed a claim for my HP 1000tx. Fortunately my husband who knows a lot about computers helped me get what I needed off the hard drive. I filed my claim on Jan 12th and have not heard a thing, nor can I get confirmation from anyone at any of the phone numbers on the site. I have been told to "just wait". This is ridiculous. Thanks Mr. Frank for your noble efforts.

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  48. I really need to know one thing:
    What about owners OUTSIDE the US? Mine was bought there, but then I moved abroad. Do I have to sue HP here?

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  49. IF ANYTHING, I would rather have the Asus 10" than that Compaq. It would be more useful at least. I don't have a TX that's faulty(I do have a TX2500 though), so I'm not sure if the Asus is for tablet owners only... I'd be PO'd if the Asus is an HP Tablet replacement though.

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  50. The settlement statement says that the class will receive a replacement of "similar kind and value". While NVIDIA could play games with the value based on depreciation, etc., a netbook is not of similar kind. Although it's a vague term, I think given this language, it would be difficult for anyone to justify that a netbook with a 10" screen or an entry model laptop lacking many features (inclu. screen resolution) would constitute similar kind. Hopefully Millberg does the right thing here and protects its clients (the class). If not, we will collectively have to object to the court and let Millberg know of our displeasure.

    Thank you Mr. Frank for your efforts!!

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  51. This comment has been removed by the author.

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  52. The First claim form has been recieved here it is

    Front Page
    http://i163.photobucket.com/albums/t318/s360s/HP/01hp.jpg


    Back Page
    http://i163.photobucket.com/albums/t318/s360s/HP/2.jpg

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  53. Here's a link to the specs on the above
    replacement laptop..

    http://www.dealtime.com/Hewlett-Packard-Hewlett-Packard-Pavilion-dv2210us-Notebook-ComputerREBATE/info

    This laptop was manufactured back 2007 (?)

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  54. @ Ronald

    He has the defective dv2210
    his replacement as it stands now is still the Compaq CQ50

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  55. for in-depth technical discussions, go here:

    http://forum.notebookreview.com/hp-pavilion-notebooks/541751-nvidia-class-action-fairness-hearing-tomorrow-almost-time-make-claim-21.html

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  56. @ Jeff

    Thanks for the clarification..

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  57. If I have an HP 1000 tx, do I get the Compaq CQ50 or another model?

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  58. I bought a HP dv6258se for $1000 back in 2007. Beautiful laptop, shame its a defect. But I still wouldn't trade it in for a crappy compaq. Wheres the "equal value" in it? Its not even a better laptop brand!

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  59. This comment has been removed by the author.

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  60. I purchased my HP Pavilion Tablet tx1417cl at Sam's Club in mid 2008. I really enjoyed the versatility and power of the tablet PC. I have the original box and on the side it has the following features: AMD Turion 64 X2 TL-62 2.1 GHz processor, 12.1" WXGA HD BrightView widescreen with touchscreen, 250 GB hard drive, 2048MB DDR2 SDRAM, 802.11b/g WLAN, LightScribe Super Multi 8X DVD+-RW double layer drive, 6 cell LiIon battery, HP QuickPlay, HP Mini Remote Control, 5-in-1 Digital Reader, ExpressCard/34 PC Card Slot, nVidia GeForce Go 6150 graphics, Windows Vista Home Premium, 1.3 mp Webcam, Fingerprint reader, Headphones, and Expansion Port 3.
    Although I appreciate the gesture for the class-action suite, the Asus Netbook with the Intel Atom processor is not a suitable or comparable replacement. HP and/or nVidia manufactured defective tablet PCs/notebooks and/or graphics cards. I would like to have a tablet PC; not a Netbook that is comparable to the laptop I purchased with speed and features.

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  61. the settlement website was updated the
    replacement for the tx remains the same and the hp replacement for the dv series is now a CQ56
    still a HUGE downgrade

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  62. The CQ56 seems like a fair replacement for those with a 15.6" model. But this is still definitely not of "similar kind and value" for those of us with the 17" dv9xxx models. The CQ56 has a resolution of only 1366x768, while my dv9000 has a 17" screen with a resolution of 1680x1050, which equates to 70% more pixels than the 15.6". This is a big difference for those of us that use the laptop as our primary computer. I'd love to keep my existing computer, but I have to hit the power button on my computer between 30 and 1000 times before it actually starts booting up.

    Ted, thank you for your help with this. Please keep on Milberg until they provide a 17" computer to those of us with a 17" computer and a tablet PC to those of us with a tablet PC.

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  63. Mr. Frank, do you suggest that we send in our laptops if our claim was accepted, or wait until the dust settles?

    Are we bound to the current replacement offer of the CQ-56 (new update as of today) even if they change it in the future?

    I would hate to get my replacement and find out that they are providing something more along the lines of "equal value" afterwords.

    Also, is there any way to find out the specific CQ-56 that is being provided? Just as they gave the broad title of CQ50, CQ56 only gives a general idea of what is being offered...

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  64. I saw someone's comment at the notebookforum thread and thought it was very poignant:

    "......Let me ask you this. If Compaq Presario CQ56 indeed is "...a new replacement computer of like or similar kind AND equal or similar value to the consumer at NVIDIA’s expense.", why would HP STILL maintain Pavilion and Compaq Presario models separately?......"

    Compaq Presario = low or budget
    HP Paviion = medium to high performance

    Compaq Presario <> HP Pavilion

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  65. I understand the model to be CQ56-115dx check this with the settlement administrator.
    Also ask them where in the settlement it mentions prorated or depreciated value. And ask how they are determining like kind and value.One last thing the settlement calls for an HP computer not a compaq or asus and as this is written in a Legal Binding Document The words actually mean EXACTLY that. IHO

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  66. Here is a complete list of all state consumer affair offices.


    http://www.consumeraction.gov/state.shtml

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  67. Like Jeff said, there's no mention of "depreciated" value. Don't get me wrong, the CQ56 is a start, but that is still blatantly cheaper than any HP laptop we purchased. ~$378 from Best Buy. Not only that, but Compaq is the cheaper brand between HP and Compaq.

    If we were looking at cars: say I bought a Lexus and they were going to replace it with a car "similar in kind and value", but then offered me a Toyota...don't you think I would be concerned?

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  68. it is now 10:33am, feb 10th eastern time

    still notebookreview (com) forum is down.

    pure coincidence or something more nefarious?

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  69. My bookmark wont work for notebookreview
    but if I do it manually it works

    FYI

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  70. This CQ56, while better than the 50, is obviously not a comparable computer to the hp that I bought...

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  71. Problem with the State AG (at least mine) is that they want to to snail mail the complaint, and if you email, they will only snail mail a response:
    Please note that, because of our role as a legal and law enforcement office, we are only able to respond to emails by United States mail (the most secure available method of response).

    With requests for defective machines now being sent, still without a firm idea of what we'll get, whether we can keep the hard drive, there's not time for 3 day mail delivery plus waiting for your complaint to come to the top of the heap.

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  72. P2 said.With requests for defective machines now being sent, still without a firm idea of what we'll get, whether we can keep the hard drive, there's not time for 3 day mail delivery plus waiting for your complaint to come to the top of the heap.

    Send them now and send them often snail mail is better than no mail at all!!email the attorneys

    Milburg LLC
    JEFF S. WESTERMAN (SBN 94559) jwesterman@milberg.com
    • SABRINA S. KIM (SBN 186242) skim@milberg.com
    • NICOLE M. DUCKETT (SBN 198168) nduckett@milberg.com
    • PETER SAFIRSTEIN psafirstein@milberg.com
    • JENNIFER S. CZEISLER jczeisler@milberg.com
    • ROLAND W. RIGGS rriggs@milberg.com
    • ContactUs@milberg.com

    Counsel for Nvidia:

    • Justin M. Lichterman: jlichterman@orrick.com
    • James N. Kramer: jkramer@orrick.com
    • Robert P. Varian: rvarian@orrick.com

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  73. I have an HP DV6000 series (DV6119)- it's a Windows Media Center laptop. I have the quickplay buttons on the top of my keyboard, a remote control that I can pop out of the side of the laptop, a media card reader, 2 headphone jacks, a Lightscribe drive, dual-core chip, etc. None of that is available on the QX56. I currently have a dual core chip, why should I replace with a single core? That replacement isn't even similar (other than being a laptop with a 15.6" screen).

    I understand that it's hard to match apples to apples, but the problem is that the settlement group is trying to provide one type of replacement for many different levels of laptops. How hard could it possibly be to match up the "level" of laptop with something similar?!? An HP DV2000 series isn't comparable to an HP DV9000 series. Why can't the replacement reflect that?

    Thank you, Mr. Frank, for looking into this matter for all involved.

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  74. This is progress, but my DV9210 had a 17" display, large keyboard with # pad, Bluetooth, and contemporary chip technology. I paid $1100 dollars for this laptop, which as it turns out, was defective from day 1. I had to send it into HP numerous times, and ultimately it died completely and they would no longer help me. The CQ56 is respectable, but it is in no way comparable to the DV9210US. Part of me is saying take what you can get, but I paid for a premium laptop which was defective. HP got to keep my $1100 dollars while I suffered many pains, and they should rightfully replace my DV9210 with an equivalent laptop. 2011 equivalent...not 2005.

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  75. I wonder if I can keep my hard drive before sending it in.

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  76. There are numerous email addresses that have been posted, 800 numbers as well as physical addresses. My question is this, has anyone recieved any kind of worthy response other than a cookie cutter message from anyone running this settlement? I bought a multimedia computer for the quickplay features, remote control, multiple jacks, lightscribe recorder... All the things the CQ56 does NOT have.

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  77. Maybe we should file a complaint on each of these Lawyers.

    http://www.calbar.ca.gov/Attorneys/LawyerRegulation.aspx

    They will get a call from the State Bar and asked for their story. Might wake them up.

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  78. I just spoke with Sara Laratro from Milberg LLP at (800) 320-5081. She said they WILL NOT change the model that HP users get. I expressed my opinion very strongly that the computer they are providing is no where near like or similar kind or value. She said my complaint would be noted, but they had "experts" choose the computer who determined that the 15.6" CQ56 is the same kind of computer and same value as a 17" DV9xxxx. She did not know what the specific CQ56 model was. I do not plan to drop my argument.

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  79. My $1400 TX1220 dual processor hires 12" tablet computer failed right after warranty just like all the others and HP denied any defect and nVidia lied about the problem. I had no choice but to spend $1000 on a different brand notebook computer that could do the job but it didn't have all the bells and whistles the HP had. Now I get screwed again becaue the settlement will only replace it with a 10" netbook that has a slower CPU than my 3 year old tablet and doesn't even have a DVD drive so you can't install software unless you buy an external DVD drive! The netbook doesn't even have as much memory as my tablet had so I won't even be able to run programs that I was able to run on my tablet. I don't expect a faster computer, and I don't care if its not an HP, but it should at least be able to run the programs I had on the tablet at similar speeds. They can't use the excuse that my computer is 3 years old because it was barely more than a year old when it died so I should be reimbursed on the value at the time of loss not when the class action is finally settled. If they are only going to spend $400 then at least cut me a check to offset the computer I bought to replace my tablet.

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  80. This comment has been removed by the author.

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  81. This comment has been removed by the author.

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  82. I have already sent my dv6353cl. Though the price of the defective HP was higher ($1100), the specs are almost the same. So frustrated and disgusted with HP/Nvidia, I could care less with the replacement (the dollar value of it). Just want to get over this crappy piece of hardware. I will probably sell it off and get an iPad.

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  83. Just found out today I am supposed to get the Asus netbook that has only 1 GB of DDR2. That should be very interesting.... going to have to spend some more bucks to make this worth much... what about the $$$ I already sank into the HP "tablet" that is now best used as a doorstop? Like sephiroth says, good idea to sell the Asus and get an iPad. Never, never again an HP product for me.

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  84. Settlement website was updated again, Feb 11th, "However, if you own an HP Pavilion Tx1xxx tablet computer, you may select either the Compaq Presario CQ56 or an Asus EEE T101MT-EU17-BK computer as your replacement."

    Still no direct mention of which CQ56! I still hold my argument that a Compaq is of lesser value than almost any HP; just as Lexus > Toyota, Lincoln > Ford, Media Laptop > Basic Laptop. Whether you bought a dv6000, dv9000, or tx1000, you're not being compensated fairly. I don't care what the "expert" says; I work in the field and I would not call that a fair trade (assuming the computer was not defective).

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  85. I am one of the tx tablet computer owners. I don't think either of the computers they are trying to offer us are equal. I don't understand why they can't just give us one of the tablet computers that HP sells right now. They are still a downgrade (and cheaper) compared to all the features we had and the price paid, but at least they are REMOTELY comparable. Unlike the Asus, which doesn't even fall into the "laptop" category.

    ReplyDelete
  86. Thanks for your diligent work on this and the info you've provided. It's been extremely helpful. My question. HP took back a failed dv92xx that suffered both a hinge crack and a GPU failure. That one is on NVIDIA's list. They gave me a higher model dv9500 that also had several failures, the hard drive and fan failed in 8 months; repaired under warranty, but the GPU failed a few months later. HP had given me an extended 2 yr warranty with the swap, which was unexpected from them but welcome. They put another motherboard in the dv9500 and it worked for about 15 months of tender use. I never took the laptop on trips or out of the house. It didn't overheat like the first dv92xx, but the GPU failed after the 2 year warranty had expired. The issue is WHY is this 9500 not on the list when it's already been repaired by HP for a GPU failure? I CAN show proof of purchase for the dv92xx, but I couldn't send them the dv9500 for an exchange because it supposedly doesn't qualify.

    Will they update their lists to include these?

    Also, should I choose the repair route, do they require the repair shop to list the serial number? If not, I could probably meet their requirements if I come up with the $280 for the reballing repair to upgrade the solder and enhance the heat sink and ventilation properties. I don't want to feel like I'm cheating. After all, this 9500 has already had two GPU failures. Any mention in an update about this particular circumstance would be most appreciated before the March 12 deadline I've heard of.

    Thank you again for your expertise.

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  87. There are 26 different HP & Compaq branded models including 310 different model numbers. Of the 26 models, 57.7% (15) are HP Pavilion branded models while 42.3% (11) are branded as Compaq Presario units. HP Pavilion branded models generally included “standard” or “free upgrade” Dual-Core Processors, WebCams & Microphones, Media Card Readers, Remotes, and options for “Primary” extended life batteries. Pavilion TX models offered a unique Tablet size notebook with standard features listed above but additionally included a convertible touch screen.

    In contrast, budget branded Compaq Presario models typically offered none of the “standard” features listed for the HP Pavilion series models but instead offered them as upgrades… if at all. Most Compaq V series notebooks included de-featured (term used in HP parts lists) versions of motherboards included in their HP Pavilion cousins. This lack of included “standard features” therefore is what distinguishes the Compaq “economy” or “everyday computing” class (as defined by HP) when compared to similar high-performance Pavilion models.

    What Milberg and Nvidia are doing is offering minority valued "de-featured" Compaq Presario branded computers (42.3%) to the majority of the class members (57.7%). This valuation structure is clearly designed to benefit Nvidia… regardless of settlement terms or Judge’s order.

    These computer sold new for $650 to over $3000 and the replacements in their best light sold for up to $450. So how can either of theses encompass so many different model and be claimed to be of like or similar kind and equal or similar value?

    Read More Here @ Notebookreview.com

    http://forum.notebookreview.com/hp-pavilion-notebooks/541751-nvidia-class-action-fairness-hearing-tomorrow-almost-time-make-claim-50.html

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  88. Why Nvidia? I've paid for my tx1000 Tablet whom? Surely HP Company! And HP is responsible for choosing the wrong vendor components. Re-Enter the correct HP, where we paid our money. HP then let it be handled with NVIDA alone! Peter

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  89. I fall into the group of unhappy dv9000 owners. We can all gripe on blogs and forums but what we really need to do is get organized. Mr. Frank has been gracious to look into this matter but he has been adamant that he is not representing anyone. I'm thinking we all just need to take the steps to retain an attorney(s). If we need to do so geographically, I live in the greater Houston area.

    Btw, what's the plan for the computers that we are supposed to return? Seems to me that the parts resale on them would compensate somebody (NVidia or Milberg) greatly for the costs of these substandard replacements.

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  90. I do not understand the "one size fits all" approach to replacing our HP computers. It appears that no attempt has been made to insure the replacement is "similar in kind".

    If we were talking TV's, would you consider a 32" as a replacement for a 60"? Of course not. So why do they expect us to accept a laptop that in no way bears any similarity to what we originally purchased? And why are tablet owners expected to accept a basic computer when a 15" laptop did not meet our needs in the first place and that is why we spent twice as much for a tablet.

    Neither computer is "similar in kind" to my TX1220 tablet. The Asus Netbook is a joke and the Compaq CQ56-115DX also falls short:
    - I bought an ultra-portable lightweight tablet and now I'm forced to accept a big heavy laptop.
    - Compaq has one CPU (single core) whereas my HP had two CPU's (Dual Core) so programs ran twice as fast as confirmed by benchmark scores ih magazine reviews.
    - Wired LAN connection is the cheap 10/100 whereas my HP had the much faster 10/100/1000 "gigabit". This means 10 times longer to synchronize files, perform backups to my server, and download large documents.

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  91. I have more deeply looked into the technical specifications of the Compaq CQ56-115dx notebook computer. I am appalled to see that the processor in said laptop is a single core CPU! This is even more upsetting than before.

    How, on God's green earth, can the class counsel expect to sell this as a computer of 'equal value' to ANY of the HP Pavilion laptops covered in the case? Even if you pick the HP Pavilion dv6308nr notebook (retailed at ~$649.99 USD at the time) and compare the 1. hardware specifications 2. current market value, this is a far cry from equal value.

    Consider the following CPU benchmarks:
    http://www.cpubenchmark.net/cpu.php?cpu=AMD+Turion+64+X2+Mobile+TL-50

    http://www.cpubenchmark.net/cpu.php?cpu=AMD+V140

    Link one shows the dual core CPU from the 4 year old HP Pavilion dv6308nr with a score of 770. Link two shows the single core CPU from the current CQ56-115dx with a score of 693.


    Keep in mind, the dv6308nr is far from the top of the line HP laptops; for reference, this is a 15.6" laptop, and not a very expensive one at that. Still, the proposed CQ56-115dx does not even match the dv6308nr in performance! Performance doesn't degrade over time. Performance doesn't depreciate like a dollar amount...

    Here are the technical specifications for the above mentioned laptops (1st link is the defective HP Pavilion dv6308nr, 2nd link is the proposed replacement):

    http://bizsupport1.austin.hp.com/bizsupport/TechSupport/Document.jsp?objectID=c00859847&lang=en&cc=us&taskId=101&prodSeriesId=3252854&prodTypeId=321957

    http://h10025.www1.hp.com/ewfrf/wc/document?docname=c02542735&tmp_task=prodinfoCategory&lc=en&dlc=en&cc=us&site=null&key=null&product=4308201


    Finally, from a monetary standpoint: the CQ56-115dx was on sale for $299.99 at Best Buy approximately 45 days ago. I'm sure there's no need for me to point out what's wrong with this picture.

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  92. By the way, my claim was approved. I do not plan on mailing my computer in until this has been resolved. I will not settle for this cheap replacement.

    They say computers must be received by July 18th, so here's hoping that Milberg stops dragging their feet and fulfills the court's order.

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  93. http://FAIRnvidiasettlement.com

    Please complete a DECLARATION form (click on the tab at the top) to support our effort in getting FAIR replacement notebooks!

    Please forward the URL to anyone you know who may be affected!

    Time is limited so please get everyone involved as soon as possible.

    My Google user ID is (without spaces):
    n v i d i a 4 1 1 at gmail dot com

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  94. Please take the time to fill out the declaration page on this site it is our best chance to get a fairer settlement.

    http://FAIRnvidiasettlement.com

    Tell everyone you know that is affected!

    Time is Short...

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  95. How have people been notified if their claim was accepted or rejected? By e-mail? By snail-mail? I have heard nothing since submitting my claim; and I can't find anywhere to check on the status.

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  96. @ rdeep

    call the settlement administrator @1-877-440-7557 Press 0 at any time to talk to a person

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  97. @rdeep

    It was via snail mail. Single letter double sided. They said bring the laptop to Fedex. They'll scan the barcode on the letter, give you two envelopes, and a box to send the laptop in. Then, it shows the diagrams of how to put the laptop in the envelopes before putting it in the box.

    Laptop must be received by July 18th I believe, but they "recommend" that you mail it in within a week.

    Also, @Mr. Frank, should we be using http://FAIRnvidiasettlement.com for submitting information? Does this information come to you?

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  98. @ Blogacomputer:

    Yes this site: http://FAIRnvidiasettlement.com is gathering Info for his case.Read the pages there it explains alot. Please fill out the declaration page as soon as possible so we can move forward with the case. Time is of the essence here and the more people who speak up the louder we will be heard.

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  99. Here is the most backbreaking idea for me:

    I purchased an HP Pavilion dv6308nr computer, which was labeled an "Entertainment Notebook PC". This Compaq replacement is for basic computing!

    See: http://bizsupport1.austin.hp.com/bizsupport/TechSupport/Document.jsp?objectID=c00859847&lang=en&cc=us&taskId=101&prodSeriesId=3252854&prodTypeId=321957

    Top of the website says "HP Pavilion dv6300 Entertainment Notebook PC Series".

    What I purchased was an "Entertainment PC", so a suitable replacement can be found at:

    http://www.shopping.hp.com/webapp/shopping/series_can.do?storeName=computer_store&landing=notebooks&a1=Solutions&v1=Entertainment&jumpid=in_R329_prodexp/hhoslp/psg/notebooks/leftnav_solutions_entertainment

    If we bought an 15.6" entertainment PC, then we should receive a 15.6" entertainment PC.

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  100. Assuming we successfully resolve the comparative replacement issue, are we supposed to include the hard-drive in the shipment? Obviously, I would prefer to keep the hard-drive than going through the effort of sanitizing it or buying a clean drive. If I have to sanitize (low level format) the drive, does that mean I need to load an OS?

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  101. I have been checking the site for updates since I got something in the mall in the winter of 2010 when i check reviews on both computers they are no where near the specs for the TX1000 and not anywhere near the value of what we all paid for at that time a top of the line tablet pc. At best the with the recent update to the better Compaq is a basic low budget laptop and it have much better specs and reviews than the original Asus EEE T101MT. I cannot believe that are seriously trying to say this is of the same value and kind of the TX1000, this is not justice. I have been looking for blogs and forums about this issue, and wanted to know they next steps in getting what was declared in the lawsuit. They have made it nearly impossible to get any time of help through the website and toll-free number, this has just ended up being more of a shoddy fix up job then a relief for our $1000.00 paper weights we have had for sometime. How are we suppose to clean our hard drives of all personal information when we have a computer well in my case that will not even show the screen at all.

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  102. @Dimples n Smiles: The best things to do are:
    1. Fill out a declaration at http://fairnvidiasettlement.com/
    2. Contact Milberg at JWesterman@milberg.com or 1-213-617-1200.
    3. Contact your state attorney general.

    With regard to cleaning your hard drive, everyone calling the settlement administrator has been told that we are allowed to keep our hard drive. This has not yet been confirmed in writing.

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  103. My main problem with this settlement is that they almost certainly require you to have a receipt for the claimed laptop. I don't know about most people but I tend to keep my receipts for 2 years then start to purge them from my archive unless things aren't working properly.

    In the case of my 4 year old Compaq, that's what happened since it didn't start failing until about a year ago and now has ceased to work.

    On my claim form it states that if you don't have a receipt you can just write on a piece of paper the estimated date of purchase. I called the 800 number to confirm that and they told me "No, You need a receipt or the original email of registration."

    There is the next predicament. First off I don't think I ever received an email confirming my registration. Even if I did, who keeps emails for 4 years.

    So I logged into my HP account (luckily I remembered the login). Look at that the compaq I purchased and it has the date of purchase. So that's what they got. I hope that works.

    It's just ridiculous how many hoops they are making us jump through to get a replacement. If you put in the serial number on the HP or Compaq website it states the manufactured date an when the warranty ended. It's not like they don't know when a product was manufactured or purchased since it as all right on the site. No need for receipts.

    These laptops are a malfunctioning physical item. Who cares how many owners it's gone through or whether we have a receipt. It's broken, you are the ones that messed it up. So now fix the problem.

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  104. I just got my Replacement Authorization Form in the mail. I called them and I can confirm that you can keep your hard drive. I also asked them if I needed to send the battery/charger in and they said I can keep those too.

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  105. I just called. They confirmed to me that my replacement claim has been approved. They said that a bunch of approval letters were sent out Friday Feb. 18th and that mine was one of them.

    I can't complain much about the replacement model since it is better then the Compaq I'm sending in.

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  106. @countsid

    Are you sure? If your Compaq had a dual core processor, you're not receiving a better laptop. The Compaq CQ56-115dx has a single core processor. Don't let the GHz fool you.

    A 1.6GHz AMD Turion x2 TL-50 benchmarks higher than the 2.3GHz AMD V140...

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  107. A kind email to the executives at HP resulted in nothing. I got a phone call telling me that if they heard anything about the Nvidia Settlement, that I should take it up with Nvidia or Milberg LLP.

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  108. I called the hp info line and spoke with a rep and asked if he felt the 2 were equivalent he could only say "No Comment", which I fully understand. He also mentioned to look closely at the document to determine who to contact about possible changes to the settlement. If anyone figures this out, I'm sure it will get posted.

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  109. I received the authorization to return my DV9074cl laptop for replacement on Tuesday. I called the NVidia settlement line at 1-877-440-7557 Option 4, option 0 and spoke with a representative. She said that I would receive a Compaq Presario CQ56-115dx. After looking at the specifications for both machines, the replacement is hardly of like kind and value. I generated a spreadsheet listing all of the functions and features of both machines along with benchmarks for the CPU's and graphics. This was sent off in a long email to Jeff Westerman at jwesterman@milberg.com. My laptop is rated 30% higher for CPU passmark and over 300% higher for graphics passmark. If I receive any replies, I will post here. There is no way that the replacement is of similar kind and value.

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  110. Has anyone been accepted for a replacement without a receipt? I mailed in my claim to replace my Compaq F500 (which frankly, is still better than the replacement CQ56-115DX, asides that it doesn't work) without a receipt roughly two weeks ago and I have not heard back. I am also unhappy with their handling of the reimbursement options, but at this point, I am going to take what I can get.

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  111. I'm sorry that I did not know about the declarations being taken in time to file one of my own. I certainly don't feel that the larger hard drive of the Compaq replacement computer in no way makes up for 10 other key features of my HP Entertainment computer that fall short and/or are totally missing.

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  112. I paid just under $700 for my dv9408. Really wish I had found this web site or Fair Nvidia settlement web site earlier as I literally just mailed my laptop today. I deleted all files and favorites and then downloaded ultimate boot disc from the web, burned iso image to CD and then ran a wipe program from the ultimate boot disc which appears to have overwritten all files, including the OS. Hopefully that is adequate to eliminate any remaining personal info. It does concern me a bit. But I'm taking a chance. I never received confirm of my approval until it was mailed to me. I mailed my claim on 1/13 and it was approved on 2/21 and i received my authorization slip last Friday. The laptop has been extremely slow and unable to connect to the wireless network for at least a year and a half. We were all so tired of it that we were glad to get any kind of replacement, though now I wish I had perhaps waited to have a shot at something comparable. So if I understand correctly, the attorneys are to be paid $13 million and only $2 million was set aside for repairs and replacements? Why would a judge deem that to be a fair settlement, notwithstanding the fact that the replacements are not even fair replacements? Also, If you divide 2 million by 300 which is roughly the value of the replacement laptops, that only comes out to 6,000 units. Didn't someone say there were virtually hundreds of models impacted? I would suspect they are only going to end up compensating purchasers for a very small fraction of those. Really a raw deal.

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  113. Never more NVIDIA and NEVER NEVER NEVER MORE HP !!!!!! Big, really big disappointment from HP's approach. Very bad for HP ad for this in the whole world!

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  114. @jbrinda1

    You can actually keep your hard drive.

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  115. I relieved my replacement authorization letter a few days ago, but waiting on a reasonable replacement offer. Why would I want to replace a steak with hamburger ? My defective HP dv6233se has caused me to create several bad reviews of motel WiFi providers. I see I was wrong after finding out it was not their equipment, but my faulty unit made by NVIDIA.

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  116. Too late for me to keep my HD. Already sent back everything including the power cable. Hopefully my personal data was adequately destroyed through the wipe program. I really hope they are planning to destroy these things and not somehow resell them.

    Has anyone actually received a replacement laptop or tablet yet?

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  117. Hi, I have read that the replacements will only be available for tx1000 series tablets purchased between March 2007 and May 31, 2008 - however I purchased mine a few months later, in August 2008. Nevertheless I am affected by exactly the same issues relating to the nvidia gpu... Could somebody let me know if I will be eligible for a replacement and if not (due to the purchase date) let me know what I might be able to do to resolve this?
    Hugely Appreciated!!

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  118. I paid over $1500.00 for my tx1220us tablet plus bunch of software, which has been collecting dust for past (2)years. They are offering a $450 Asus EEE T101MT-EU37-BK, tablet/netbook without any CD/DVD player or a $350 Compaq Presario CQ56-115DX bulky laptop.
    This is just not fair. Add me to your list for any help.

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  119. does this ruling only apply to US residents who purchased affected laptops in the US?

    - if so, are there any similar actions in the rest of the world? (I'm in the UK..) or is it possible the judge in this case will apply the ruling to ALL affected laptop owners, no matter where they are?

    OR does anyone have a solution - whereby I as a UK citizen who purchased an affected laptop can take up the 'offer' of a replacement laptop?

    Sincerely appreciated!!

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  120. Has anyone actually received a replacement laptop or tablet yet?

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  121. I paid about $1700 for my tx1000 with every available option. I even pre-ordered it as they were first released. Now I'm being offered a crap-top that's listed on BestBuy for $329, that has a mere fraction of the features that I splurged for. Thank you for pursuing this on behalf of the class. If there is anything I can do to help, I would be glad to. I have kept all documentation, but will probably mail in my defective laptop today, as I received the notice to do so in the mail yesterday.

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  122. This comment has been removed by the author.

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  123. I am really lucky I have both a tablet and a HP 9000 series. I will never buy HP or NVIDIA again

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  124. I have tried calling the number 877-440-7557 the settlement coordinator but the phone takes a minute or two then goes to a busy signal. The other number I have is 888-271-6719 it does the same thing. Anyone know how to get thru?

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  125. I was able to get through, and they say that my laptop has been received an I should expect the replacement in 8-10 weeks. I asked about the low specs of the replacement against what I had sent in, they say as a claimant I cant do anything and they also cant do anything now that the claim phase is over.

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  126. Gratitude is the sign of noble souls.

    cialis

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  127. All customers of HP and damage to the owners of notebooks from HP Pavilion tx. It is an international problem! It will soon be addressed by the International Court of Justice in The Hague. Not with Nvidia, but with HP! This company avoids accountability to its customers worldwide. Soon it will be an action-sponsored by another company from the competition! It may be the end of the entire HP levity.

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  128. My claim was approved on March 1st so its been almost seven week since I sent my laptop in. I still haven't received my replacement yet. Has anyone gotten theirs yet?

    I'm also wondering if its 8-10 weeks from the time my laptop was sent in or 8-10 weeks from when the claim phase ended.

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  129. I understand that it is 8-10 weeks since the individual claim is actually approved, following when the settlement administrator or their representative actually receives the old computer. They have to look at it to see if it is the same computer as the one listed on the claim form.

    I returned my laptop on March 10th and have not received a replacement yet.

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  130. I agree with many that have posted already, the replacements deemed "equal" to our computers are nowhere near what many of the affected computers are specifications wise. The replacement offered for all the dv2000, 6000 and 9000 is a single core 2.4Ghz processor where all of the affected computers are dual core 1.6 to 2.0Ghz. For those with the dv9000 series they are expected to "accept" a 15.6" screen when they originally purchased a 17" is ridiculous. The tx series is even worse, the replacement is not a tablet and has a atom processor with 1GB of RAM, no where near the dual core 2+GB tx1000 computers that they are replacing, I am a PC technician and in my opinion the class is getting the shaft on this settlement if something is not done to correct it. I thank you very much sir for bring this issue to mine and other's attention. I will be keeping a closer eye on the goings on with this settlement thanks to your site. If you need anything from me feel free to contact me.

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  131. I called the other day to see why I hadn't received anything yet and they said they were going to start shipping out computers the second week of may, which is now. In regard to the inadequate exchange, I completely agree. I'm taking a serious step down, but I am moving from a computer that doesn't work to a new one so I can't really complain.

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  132. HP sold this defective computers for about $1000 and we are getting the lowest product quality from the lowest cheap company they have. Should you invest on HP again?? Give a try to Dell,Lenovo, new google chrome laptop w no virus risk? Mac ?

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  133. Nvidia received my laptop on Feb 25, which was 11 weeks ago. I called last week and they told me that they were going to start shipping out the replacements this week. However, when I called again yesterday, the guy said, "Oh, no, those are not shipping out this week, it will be more like 14-16 weeks from when we received your computer, so more like the end of May or beginning of June." Their website still says 6-10 weeks, and I pointed that out. These people are giving us all the run around. We should hold them to the time frame they gave us on their website.

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  134. I just received my CQ56 today. Already posted it up for sale.

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  135. I received my CQ56 May 20, and of course it has a problem. The cooling fan rubs on a wire or some other part as you tilt the screen toward you. I called HP and they said that it would be under warranty, but I would have to pay $34 to ship it back to them for the repair. I guess this is the quality and great customer service we should expect from HP now. :(

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  136. @ Jim
    If you have a Fry's near you you can take it to them and they can make repairs under HP's warranty, that way you don't have to spend money shipping it.

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  137. I got my CQ56 today and it is the most generic machine I have ever seen. My netbook has more features than this thing. Has anybody tried to call the 1-800 number and complain? I cannot believe this. I would have never sent my old computer in if I knew this was what they were going to send out.

    Nancy

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  138. My sister and I sent our laptops around March 13 and have not received a replacement yet. This is ridiculous; we were supposed to get them a few months ago. I do not think it's fair that we get a cheaper one back like other people have stated. If I knew that I would get a crap as other people said, I wouldn't have sent my laptop. I am waiting impatiently, hoping that HP won't disappoint me.
    Good luck to you all,
    Jackie

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  139. Anyone have an issue when the said laptop was recycled prior to the settlement? I tried sending the original hard drive as proof but they rejected my claim, which was originally accepted. Problem is, I recycled the laptop 2 years ago ... trying to be a good citizen and I get hosed ... anyone else having this issue, and what can I do about it?

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  140. menu foods settelment complaints. We got a letter saying we would be paid in 60 days but now the website saids no checks would go out untill july 5 2011 and i found a article on the web and posted to this link below that the cpa that was sposed to send us money ripped off three groups of class members im thinking my group might be one of the class that is being riped off. At the bottom of the page click next and scroll down again to see my post. petsitusa.com/blog/?p=4029#comments

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  141. 60 days from the date of the letter is up now they are pushing for 90 days

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  142. CPA Skimmed
    from
    Settlement, Class Says
    By JOE HARRIS
    ST. LOUIS (CN) – A federal
    class action claims that an
    accounting firm hired as claims
    administrator for a $490 million
    class action over the merger of
    Bank of America and
    NationsBank paid an employee
    millions of dollars in false claims.
    Lead plaintiff David Oetting, a
    representative of the
    NationsBank class in the original
    lawsuit, sued Heffler, Radetich &
    Saitta LLP.
    Oetting says the settlement
    from the original class action
    netted $490 million and that
    Heffler, a certified public
    accounting firm, was hired as
    claims administrator. From the
    $490 million settlement fund, the
    NationsBank class was awarded
    $332.2 million and the
    NationsBank class $156.8 million,
    according to the complaint.
    However,“Heffler’s
    employee Christian Penta
    defrauded three separate class
    actions, including the Action, of
    tens of millions of dollars,” the
    complaint states.
    Penta was a senior
    accountant for Heffler, according
    to the complaint.
    “The amount Heffler paid
    from the NationsBank settlement
    fund on the false claims
    submitted by Penta and his co-
    conspirators totaled somewhere
    over $5.0 million.”
    Penta and five others were
    charged on Sept. 11, 2008 with
    mail fraud and wire fraud for
    filing false claims in the
    NationsBank settlement as well
    as other class action settlements,
    the complaint states. Penta
    pleaded guilty to the charges.
    The class includes all class
    members from the NationsBank
    settlement. It seeks damages for
    breach of fiduciary duty and
    accountant malpractice. It is
    represented by Frank Tomlinson
    of Birmingham, Ala.

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  143. I recently started useing my HP DV9000 again and the graphic chip is going out and I just discovered this class action lawsuit and I'm wondering if I'm too late to place a claim.

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  144. Anthony Beverly: What do you do if you have a HP DV6000 with the heating problem, and you are just finding out about the class action lawsuit today (April 12, 2012)? Is there another recourse for consumers.

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