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Class Action Settlement

I received an email today regarding a settlement to the class action lawsuit against nVidia. The copied text is below.

It doesn't seem to impact MBP owners, because under the settlement we're not due a replacement laptop, and the only other remedy is a replacement GPU chip (what exactly am I supposed to do with that?) or refund of monies spent for repair (well, AppleCare is covering everyone, so that doesn't affect me either).

Any opinions on this? Is it worthwhile to opt out of the class?

If you purchased certain models of notebook computers containing an NVIDIA graphics processing unit or media and communications processor, you could be entitled to benefits under a class action settlement.

This is a summary of the Full Notice. Click here to visit the settlement website to obtain the Full Notice. Do not reply to this email. Replies will not be read.

The United States District Court for the Northern District of California, San Jose Division, authorized this Notice.
This is not a solicitation from a lawyer.

A settlement of a class action lawsuit (The NVIDIA GPU Litigation, Case No. 08-cv-04312-JW) relates to the NVIDIA chips inside certain Dell, Hewlett-Packard (“HP”), and Apple notebook computers. The lawsuit claims that NVIDIA sold defective Graphics Processing Units (“GPU”) and Media and Communications Processors (“MCP”) that affected the performance of some of the notebook computers in which they were incorporated. NVIDIA denies all allegations of wrongdoing and has asserted many defenses. The settlement is not an admission of wrongdoing.

Who is Affected by this Class Action?

All United States residents who purchased in the United States a version of one of the Dell, HP or Apple notebook computer models listed in the Table of Class Computers containing an NVIDIA MCP or GPU. These individuals are referred to as “Class Members” in this Notice.

What Can You Get From the Proposed Settlement?

Class Members who file an approved claim will be entitled to:

1. Replacement of the NVIDIA graphics processing unit or media and communications processor, which are referred to in this Notice as the “chips” if you purchased a version of certain models of notebook computers manufactured by Dell, Inc. or Apple Inc. containing one of the NVIDIA chips; or

2. 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; or

3. Reimbursement of amounts paid for repairs related to problems with the NVIDIA chips. NVIDIA will fund $2 million from which reimbursements will be made. The amount paid may depend on the number of reimbursement claims received.

NVIDIA is providing these benefits to members of the class, and is funding the settlement. Dell, HP and Apple are not parties to this lawsuit.

How Do You Receive a Benefit?
You must first qualify for filing a claim, and then file an approved claim with supporting documentation during the Claim Period. To qualify for a replacement as described in numbers 1 and 2 above, your notebook computer must be one of the Dell, HP or Apple notebook computer models listed in the Table of Class Computers, contain an NVIDIA MCP or GPU, and be exhibiting one of the symptoms listed in the Table of Identified Symptoms. To qualify for a reimbursement as described in number 3 above, your notebook computer must be listed in the Table of Class Computers, contain an NVIDIA MCP or GPU, and must have been repaired because it was exhibiting one of the symptoms listed in the Table of Identified Symptoms. The Claim Period will begin after the Court grants final approval of the Settlement. Whether or not the Court has granted final approval, the Claim Period dates and further instructions for how to qualify and file a claim will be posted at the settlement website (www.NVIDIASettlement.com) and at the toll-free telephone support line (1-877-440-7557).

Register Your Email Address To Receive an Alert When the Claim Period Begins.

To receive an email alert when the Claim Period begins, between now and December 20, 2010, visit www.NVIDIASettlement.com and register your email address. If you previously received an emailed notice about this settlement, there is no need to register.

What Are Your Options?

If you are a Class Member and you don’t want to receive a replacement or reimbursement as described above and you don’t want to be legally bound by the settlement, you must exclude yourself by November 5, 2010, or you won’t be able to sue, or continue to sue, NVIDIA about the legal claims in this case. If you exclude yourself, you can’t receive a replacement or reimbursement under this settlement. If you remain a Class Member, you may object to the settlement by November 5, 2010. The Full Notice describes how to exclude yourself or object. The Court will hold a hearing in this case (The NVIDIA GPU Litigation, Case No. 08-cv-04312-JW) on December 20, 2010, to consider whether to approve the settlement and attorneys' fees and expenses in the amount of $13 million. You may appear at the hearing, but you don’t have to. For more details, call toll-free 1-877-440-7557, go to www.NVIDIASettlement.com, or write to NVIDIA GPU Litigation Settlement Administrator, P.O. Box 6177, Novato, CA 94948-6177.

This is only a summary of the Full Notice. Please visit www.NVIDIASettlement.com or call
1-877-440-7557 to obtain a copy of the Full Notice.
 
Thank you very much for the link! very helpful, especially since Apple just kinda laughed when I asked about my Procare... they said well it expired in Aug 25, 2010... so I'll need to pay for any repairs...

Is the fix require them to replace the motherboard to replace the 8600 chip in question? Since I can't get it to boot up, then I will have to pay? Why don't they cover non-booting machines that fall into this group? My laptop has always run hot as a firecracker, which I knew could not be good for the electronics... if it was the NVIDIA 8600 running too hot that causes the probs, why not cover the MB? Thanks
 
Quick question:

If Apple decides to replace my GPU, do they do just that? Or do they give you a refurb with the revised GPU?

Thanks.
 
You would opt in if Apple wasn't repairing/replacing your MBP (if the warrany and extension expired for example) and it's broken. You would opt out if you wanted to sue them/try to settle separately if you don't like the terms of the class action (for example you think a $5 refund on the iPod Nano you bought four years ago that's covered in scratches isn't enough (I'm making the detail up, but something like that happened)).
 
So you are going to go through the hassle of selling a perfectly fine laptop because an article claims that the GPU model in your laptop may be defective?

FWIW, I did not have the particular model people were saying was defective, but mine did fail exactly like all the others.

Luckily, it failed one month before the end of its applecare.
 
Thank you very much for the link! very helpful, especially since Apple just kinda laughed when I asked about my Procare... they said well it expired in Aug 25, 2010... so I'll need to pay for any repairs...

Is the fix require them to replace the motherboard to replace the 8600 chip in question? Since I can't get it to boot up, then I will have to pay? Why don't they cover non-booting machines that fall into this group? My laptop has always run hot as a firecracker, which I knew could not be good for the electronics... if it was the NVIDIA 8600 running too hot that causes the probs, why not cover the MB? Thanks

Procare? Procare is just allows you to expedite your service (amongst other things). Procare and Applecare (warranty) have no bearing on each other.

How do you know the machine isn't booting up correctly? Obviously the screen isn't working, but do you get sound i.e. the startup chime? Does your machine show up in bonjour if you let it sit around for a minute or two (to boot up)?

Quick question:

If Apple decides to replace my GPU, do they do just that? Or do they give you a refurb with the revised GPU?

Thanks.
AFAWK, there is no revised GPU. There was reports of some individuals getting a "rev.2" mobo or gpu but we've also had these same replacements fail, sometimes quicker than the others.

The GPU won't be replaced, rather the logic board will be swapped out for a refurbished unit back into the previous enclosure (you won't get a completely new/different machine). The GPU can't be replaced economically on an individual basis (because it's soldered directly into the logic board, and it's alot of pins).

I just received this email as well. Doesn't look like it would benefit me to opt in really.

I'm not sure how any Apple customer can benefit from the provisions in the suit. Apple already provides all these services for 4 years even if you don't have Applecare. :confused:
 
Procare? Procare is just allows you to expedite your service (amongst other things). Procare and Applecare (warranty) have no bearing on each other.

How do you know the machine isn't booting up correctly? Obviously the screen isn't working, but do you get sound i.e. the startup chime? Does your machine show up in bonjour if you let it sit around for a minute or two (to boot up)?


:


I have AppleCare and ProCare... sorry to say the wrong one...both expired at same time...

Guess I don't know for sure other than there is no response... just the light in front and fans running... I get no chime.....never have... just a saw sound for an instant when I press power... like it always has had.... does this help you to answer my questions now? Thanks!
 
Guess I don't know for sure other than there is no response... just the light in front and fans running... I get no chime.....never have... just a saw sound for an instant when I press power... like it always has had.... does this help you to answer my questions now? Thanks!

Try this procedure (I'm assuming you're on a different machine)

Resetting your Mac's PRAM and NVRAM

Resetting PRAM and NVRAM
Shut down the computer.
Locate the following keys on the keyboard: Command, Option, P, and R. You will need to hold these keys down simultaneously in step 4.
Turn on the computer.
Press and hold the Command-Option-P-R keys. You must press this key combination before the gray screen appears.
Hold the keys down until the computer restarts and you hear the startup sound for the second time.
Release the keys.
Your computer's PRAM and the NVRAM are reset to the default values. The clock settings may be reset to a default date on some models.

This'll reset the volume and hopefully you'll get a startup chime.
 
I tried those resets Eddie.. I greatly appreciate the help, but no luck for me. When I spoke to the AppleCare on the telephone they had me try these resets again also... which I keep trying every couple hours hoping I will get different results :)

I am trying the "warm-up" technique now... have left it on for 2 hours.. the bottom of the machine is hot like usual but the screen has not "popped on" as some had reported happening in this thread... no luck so far :(

caps lock--I get no light.... Num lock--I get no light on f6 key
I never had any issues other than what I thought was overheating... but the genius said that was not a problem (so hot it burnt my leg).. he said the fans were working properly.
 
It may very well be something unrelated to the gpu then. Dunno how much it'll cost but if done @ Apple, after labor (which is a mandatory $100) I can't imagine it being anything less than $550 (but I could be wrong).

Sorry for your loss :(
 
..and that is why it is better to be part of the suit than to not be, to answer your earlier question. HP machines are being replaced which had this chipset. I think Apple should replace the machines also especially if the problem of the 8600 was the overheating of the machine. I hope it is just a matter of time when Apple will need to replace the machines like HP has pushed for and received. Why not Apple? If enough join the suit then maybe it will put enough pressure on Apple to replace machines...
 
I agree, but to Apple's credit, repeat offenders oft do have their machines replaced after x number of repairs. I am one such example, and these boards are littered with similar reports.

However, I too am frustrated by Apple's downright silly testing procedures (using the GPU testing app to run a series of tests followed by a pass/fail result). I've seen individuals get turned away at the bar because their displays don't work, but since the genii can't run the test (gee wiz wonder why :rolleyes:), customers are hit with a fat bill.
Hence we rely on various cues (the chime, network activity, sleep light activity) to show that the OS is alive and cookin' (as it should be) but the adapter is fried/baked/jammed/toasted, as well as some preliminary tests to identify pending failure (8x 4x 1x PCIe Lane Width as reported by the OS; VideoController error from the Apple Hardware Test), though none guarentee a successful fix.
Who knows. I just think nvidia sucks worse than ATI's drivers.
 
"Who knows. I just think nvidia sucks worse than ATI's drivers."

I am with you on that... I guess I'll just see what happens and if they can run their test or not. I think the +1 year to the graphics warranty should be a 4 year AppleCare and should apply to the whole machine (at least the HDD and motherboard!) and not just the graphics of any machine that is subjected to the additional wear and tear this chipset has caused... I already had the HDD fail last year... especially for those who paid for the 3 year warranty to start the story!

just friggin' sucks!!! out of warranty by a month !@#$%&*
you guess what I am screaming!

Do most Apple probs get a 100+ page thread goin'? or is this a unique occurrence? That should tell them how serious a prob it is too!
 
I have this problem also... my display remains black and I do have a computer that falls into the defective 8600 card. My ProCare ran out in August,2010... one month ago... SUCKS!!! My question is if they say my motherboard needs replaced, will this be covered also thru the 8600 video card issue?

Would it help me to mention the error someone posted the pic of (Alert! Apple Hardware Test has detected an error. 4VDC/1/40000003: VideoController)

I really really think this is crap that one month past my ProCare and the thing dies??!!!! I am pissed! especially since I was at an Apple Store asking questions about how hot the thing gets and they just said well you should never have it touching you... lol... why again do they call them "LAPtops"?

Yeah, it should be covered under the video card issue thing.

PS. I also found that it is useful for it to get really hot (at least in the winter). You can use it as a hand warmer. ;)
 
However, I too am frustrated by Apple's downright silly testing procedures (using the GPU testing app to run a series of tests followed by a pass/fail result). I've seen individuals get turned away at the bar because their displays don't work, but since the genii can't run the test (gee wiz wonder why :rolleyes:), customers are hit with a fat bill.
Hence we rely on various cues (the chime, network activity, sleep light activity) to show that the OS is alive and cookin' (as it should be) but the adapter is fried/baked/jammed/toasted, as well as some preliminary tests to identify pending failure (8x 4x 1x PCIe Lane Width as reported by the OS; VideoController error from the Apple Hardware Test), though none guarentee a successful fix.
Who knows. I just think nvidia sucks worse than ATI's drivers.

I went for an appointment on Sep 23, and am pretty sure that I got turned away, the genius was basically trying to tell me that it was the mkv video's fault that it gave the distortions. The mkv file plays fine on a windows laptop. So I asked about the PCIe Lane Width and why it keeps changing. They did the first test and everything passed. I had a video controller error when I ran the hardware test and I was told that high temperatures would make the video card function poorly? She told me that they would do an extensive testing and told me to leave the laptop with them. I haven't heard from them since.
 
I went for an appointment on Sep 23, and am pretty sure that I got turned away, the genius was basically trying to tell me that it was the mkv video's fault that it gave the distortions. The mkv file plays fine on a windows laptop. So I asked about the PCIe Lane Width and why it keeps changing. They did the first test and everything passed. I had a video controller error when I ran the hardware test and I was told that high temperatures would make the video card function poorly? She told me that they would do an extensive testing and told me to leave the laptop with them. I haven't heard from them since.

yeah I saw that.

Wait lol they took it in on the 23rd and they still have it? Call em up and ask them what's taking so long.
 
My late 2007 MBP failed on me the other day. The screen started looking like it was from the late 80's, huge pixels almost looked like a grid then it went black. I try to turn it on but all I get is a black screen and that's it. I never had any problems with it until last week. I bought it new 3 yrs ago but never purchased applecare.

Sorry for not being more descriptive but what do I do from here? Is this this the 8600 problem that everybody is having?

How do I approach Apple about this?

Thanks in advance
 
My late 2007 MBP failed on me the other day. The screen started looking like it was from the late 80's, huge pixels almost looked like a grid then it went black. I try to turn it on but all I get is a black screen and that's it. I never had any problems with it until last week. I bought it new 3 yrs ago but never purchased applecare.

Sorry for not being more descriptive but what do I do from here? Is this this the 8600 problem that everybody is having?

How do I approach Apple about this?

Thanks in advance

It sure sounds like it. Good luck.
 
My late 2007 MBP failed on me the other day. The screen started looking like it was from the late 80's, huge pixels almost looked like a grid then it went black. I try to turn it on but all I get is a black screen and that's it. I never had any problems with it until last week. I bought it new 3 yrs ago but never purchased applecare.

Sorry for not being more descriptive but what do I do from here? Is this this the 8600 problem that everybody is having?

How do I approach Apple about this?

Thanks in advance

Schedule a genius bar appointment and tell them it has the 8600 gpu, point them to http://support.apple.com/kb/ts2377 if necessary, and they should run their gpu test on it. It helps if you can ssh in to your computer, see it on Bonjour, screen share, etc. to show that it is still up and running fine, just without the video out working.
 
Schedule a genius bar appointment and tell them it has the 8600 gpu, point them to http://support.apple.com/kb/ts2377 if necessary, and they should run their gpu test on it. It helps if you can ssh in to your computer, see it on Bonjour, screen share, etc. to show that it is still up and running fine, just without the video out working.

Thank you very much. Very helpful.

Pardon my ignorance, but what does "ssh" mean? Or any of the last sentence for that matter?

thanks

Also, do I have to show proof of purchase or anything like that?
 
Pardon my ignorance, but what does "ssh" mean? Or any of the last sentence for that matter?

He's just suggesting ways you can show the computer still boots up and works, just the video is dead. (although if the genius bar people run the test properly and it is indeed an 8600 problem, you won't need to do any of that). :)

Good luck!
 
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