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?
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 dont want to receive a replacement or reimbursement as described above and you dont want to be legally bound by the settlement, you must exclude yourself by November 5, 2010, or you wont be able to sue, or continue to sue, NVIDIA about the legal claims in this case. If you exclude yourself, you cant 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 dont 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.