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Nvidia to pay out for class action for 970 vram fiasco

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On the grounds that she screwed up and wanted somebody else to pay for it, IMO. She wanted hot coffee and they sold her hot coffee. That's customer service, not negligence or malice. Trying to make somebody else pay for your mistakes is malice. It never should have gone to court.

OK, two minutes in to the video they state the "victim" put the flimsy cup between her knees and took the lid off, because there was no suitable place in the car to put it. She bought hot coffee in a flimsy cup, put it between her knees, and took the lid off in an environment obviously (and observed to be) not suited to the activities. Stupid. And got 2.9 million dollars from twelve people hoping to hit that same jackpot someday. Ambulance chasing lawyers like that have perverted the legal system. She did not use the product as intended.
 
That would be great if people were perfect and you don't make any mistakes like taking the lid off the coffee. They proved in court it was 10F to hot causing 3 degree buns. Some people just can't tell when they have been help by the civil court system and they would rather live in a dream of a perfect society without chaos.

Nvivda and other companies won't be making the same false advertising move again after the lawsuit, it's always bad when you get caught.
 
On the grounds that she screwed up and wanted somebody else to pay for it, IMO. She wanted hot coffee and they sold her hot coffee. That's customer service, not negligence or malice. Trying to make somebody else pay for your mistakes is malice. It never should have gone to court.

OK, two minutes in to the video they state the "victim" put the flimsy cup between her knees and took the lid off, because there was no suitable place in the car to put it. She bought hot coffee in a flimsy cup, put it between her knees, and took the lid off in an environment obviously (and observed to be) not suited to the activities. Stupid. And got 2.9 million dollars from twelve people hoping to hit that same jackpot someday. Ambulance chasing lawyers like that have perverted the legal system. She did not use the product as intended.

I use to work as a paramedic for 10 years from 1991 up, nothing make Doctors Nurses E.M.T Paramedics work harder to do the correct procedure than a good fear of a lawsuit.
 
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That would be great if people were perfect and you don't make any mistakes like taking the lid off the coffee.


So taking the lid off in that manner was a mistake. Her mistake, not McDonald's mistake. People make mistakes all the time. I just don't see how making other people pay for them is good for anybody. Suddenly nobody is responsible for their own actions. A large segment of the population seems to hate the rich, but they are the first ones to have their hands out when life acts like, well, life. I don't see how that's good for anybody.

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I use to work as a paramedic for 10 years from 1991 up, noting make Doctors Nurses E.M.T Paramedics work harder to do the correct procedure than a good fear of a lawsuit.

If saving a human life isn't sufficient motivation, or not taking one, then maybe some folks are in the wrong profession. I spent three decades building motorcycles. I screw up, somebody dies in gruesome fashion. It wasn't the fear of lawsuits that kept me vigilant, it was my conscience.
 
Here is (one reason) why it should have been thrown out of court...:
The brewing temperature of the water used is very important. It should be between 195 F (91 C) and 205 F (96 C). The closer to 205 F (96 C) the better. Boiling water (212 F - 100 C) should never be used, as it will burn the coffee.
https://www.google.com/webhp?source...&espv=2&ie=UTF-8#q=temperature+to+brew+coffee

Funny thing is, my Keurig brews at 187-190 (my choice). I wonder if I should sue them if I spill my coffee? Sounds like a lawsuit waiting to happen!!!!!!!!!!!!!!!!!! :rofl:

If saving a human life isn't sufficient motivation, or not taking one, then maybe some folks are in the wrong profession. I spent three decades building motorcycles. I screw up, somebody dies in gruesome fashion. It wasn't the fear of lawsuits that kept me vigilant, it was my conscience.
:clap:
 
Okay guys, enough. This discussion has gone well past graphics cards. If you wish to continue the discussion please create a thread in General Discussion, link it here, and I'll put the relevant posts at the start of it.
 
In nVidia's favor, at least they aren't making the 970s anymore. I wonder if they settled simply to put the matter to rest so it didn't distract from the new cards. And does this mean I can buy a 970 real quick and get a check for $30? Is does the initial purchase price have a floor? I have no intention of doing so, just wondering out loud.

If ATM will permit, I want to thank wingman99 and all who choose the lifesaving profession. I have both legs and my life due to the dedication and quick action of our blood spattered guardian angels of the highway. :salute:
 
In nVidia's favor, at least they aren't making the 970s anymore. I wonder if they settled simply to put the matter to rest so it didn't distract from the new cards. And does this mean I can buy a 970 real quick and get a check for $30? Is does the initial purchase price have a floor? I have no intention of doing so, just wondering out loud.

If ATM will permit, I want to thank wingman99 and all who choose the lifesaving profession. I have both legs and my life due to the dedication and quick action of our blood spattered guardian angels of the highway. :salute:

I fully expect the purchase date must be prior to the date of announcement.

Yes, you're fine, simply trying to direct the conversion back to the topic at hand and point toward a potential continuation venue.
 
I haven't seen details of the settlement either. I don't imagine "simple" will be in the cards with that many lawyers involved. Hey, a pun! It wasn't intentional but I'll take it. :)
 
https://www.gtx970settlement.com/Home.aspx

Looks legitimate enough to be real. I haven't done any real digging though so submit your information at your own risk. I just happened to come across this doing a google search on my graphics card.

"authorized retailers between September 1, 2014 and August 24, 2016" seems to be the purchase window for eligibility. I got mine just in time :)
 
nVidia settlement

https://www.gtx970settlement.com/Home.aspx

Details here:

The plaintiffs in the case — all of whom are people who purchased a GTX 970 card — filed complaints against Nvidia and graphics card manufacturers Asus, EVGA and Gigabyte, charging that the companies misled consumers about the hardware specifications of the GTX 970. Their complaints centered around three allegations:

The GTX 970 was marketed as a card with 4 GB of video memory, whereas the card actually has 3.5 GB of RAM, with the remaining 0.5 GB being a much slower "spillover segment" that is decoupled from the main RAM
The GTX 970 was marketed as a card with 64 render output processors, whereas the card actually has 56 render output processors
The GTX 970 was marketed as a card with an L2 cache capacity of 2,048 KB, whereas the card actually has a 1,792 KB L2 cache

http://www.polygon.com/2016/7/28/12315238/nvidia-gtx-970-lawsuit-settlement



The cards performance is what is was said to be, I read the benchmarks.

I am debating on taking the money or telling the blood suckers to kiss my ***. The issue is, this suit is protecting people from fraud. The issue is, do the lawyers get the money if I say NO?
 
The email:

LEGAL NOTICE
If You Are A U.S. Resident And You Purchased A GeForce GTX 970 Graphics Processing Unit in the U.S. Between September 1, 2014 to August 24, 2016, You May Be Entitled To Payment From A Class Action Settlement
In re NVIDIA GTX 970 Graphics Chip Litigation, Case No. 15-CV-00760-PJH
WHAT IS THIS NOTICE ABOUT?
A lawsuit is pending in the United States District Court, Northern District of California, (the “Litigation”) that may affect your rights. The Litigation claims that NVIDIA Corporation (“NVIDIA”), Gigabyte Global Business Corporation, G.B.T. Inc., ASUS Computer International, and EVGA Corporation (collectively, “Defendants”) sold GeForce GTX 970 graphics processing units (“GTX 970 GPU”) to consumers based on inaccurate information regarding the GTX 970 GPU’s specifications and performance. Defendants deny these claims. The Court did not rule in favor of Plaintiffs or Defendants. Instead, the parties agreed to a proposed settlement.
AM I A MEMBER OF THE CLASS?
The class is defined as all persons and entities residing in the United States of America who purchased a GTX 970 GPU in the U.S. from the Defendants, the AIC Partners (defined in the full notice) or their authorized retailers between September 1, 2014 to August 24, 2016 other than for purposes of resale or distribution.
WHAT DOES THE SETTLEMENT PROVIDE?
Subject to Court approval, Defendants will pay $30 cash for each qualifying GTX 970 GPU device purchased in the U.S. between September 1, 2014 to August 24, 2016. There is no limit on the number of GTX 970 GPU devices a person can submit a claim for, so long as they submit the necessary proof of purchase. If you already submitted a claim for all qualifying GTX 970 units that you purchased, do not submit another claim.
WHAT ARE MY RIGHTS ?
You have a choice of whether to stay in the Class or not, and you must decide this now.
You Can Accept the Settlement. Class Members who wish to receive a Cash Payment must submit claims by November 30, 2016. You can access a Claim Form at www.gtx970settlement.com. Read the instructions carefully, fill out the form, and submit it online on or before November 30, 2016. Alternatively, you may also submit a Claim Form by mailing it to the following address: Nvidia GTX 970 Graphics Chip Settlement Administrator, P.O. Box 43431, Providence, RI 02940-3431. It must be postmarked no later than November 30, 2016. Claim Forms may also be e-mailed or faxed to [email protected] or 1-877-811-7556, and must be received by the Administrator no later than 11:59 p.m. Pacific Time on November 30, 2016 to be considered valid. If you fail to submit a timely Claim Form and do not exclude yourself from the settlement, then you will be bound by the settlement but will not receive a Cash Payment. If you stay in the Class, you will be legally bound by all orders and judgments of the Court, and you won’t be able to sue, or continue to sue, Defendants as part of any other lawsuit involving the same claims that are in this lawsuit.
You Can Object to the Settlement. You can ask the Court to deny approval by filing an objection with the Court. You can’t ask the Court to order a larger settlement; the Court can only approve or deny the settlement. If the Court denies approval no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object. You may hire your own lawyer to appear in Court for you if you wish; however, if you do, you will be responsible for paying that lawyer on your behalf.
Objections to the proposed settlement will be considered by the Court only if such objections are filed in writing by November 8, 2016 with the Clerk of the Court at Clerk of the Court, United States District Court, Northern District of California, 1301 Clay Street, Suite 400S, Oakland, CA 94612. Objections must clearly state your name, address, telephone number, the title of this Litigation, the manufacturer or Product Identification Number for your GTX 970 GPU Unit, and provide a detailed description of the grounds for each objection you make.
You Can “Opt Out” of the Settlement. If you exclude yourself from the Class – which is sometimes called “opting out” of the Class – you won’t get a payment from the settlement but won’t be barred from asserting claims against Defendants. Such notice shall include your name, address, telephone number, Unit brand, approximate date of purchase, and a statement that you want to be excluded from the lawsuit In re NVIDIA GTX 970 Graphics Chip Litigation, Case No. 15-CV-00760-PJH. Send the written notice to Nvidia GTX 970 Graphics Chip Settlement Administrator, P.O. Box 43431, Providence, RI 02940-3431 postmarked no later than November 8, 2016.
THE FAIRNESS HEARING
On December 7, 2016, at 9:00 a.m., the Court will hold a hearing in the United States District Court for the Northern District of California to determine: (1) whether the proposed settlement is fair, reasonable, and adequate and should receive final approval; and (2) whether the application for Plaintiffs’ attorneys’ fees and expenses of $1.3 million (which is in addition to and separate from all other consideration and remedies available to the Settlement Class), and a total payment of up to $25,000 to some or all of the 24 named plaintiffs should be granted. Class Members who support the proposed settlement do not need to appear at the hearing or take any other action to indicate their approval.
HOW CAN I GET MORE INFORMATION?
This is only a summary of the settlement. If you have questions or want to view the detailed notice or other documents about this lawsuit, including the Settlement Agreement, you may visit www.gtx970settlement.com. You may also contact Class Counsel by e-mail at [email protected], or call the Settlement Administrator at: 1-844-312-5253. You may also review the Court’s docket for this case online at https://ecf.cand.uscourts.gov or visit the Court Clerk’s office during regular business hours.
By Order of the United States District Court for the Northern District of California.
 
There's going to be much fraud committed if all you need is a screenshot of a device ID as proof.
 

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My screenshot is directly from their site.
All I need is a screenshot of the device ID. I could come up with one of those 1000 different ways.
 
You can't get mine I already registered my S/N sent in my receipt. They also say they will contact you if they need more information. Mr.scott go ahead and try to get the $30.00 and see what you get.

GTX 970.jpg
 
Nah. Fraud is not my style. I don't even fraud RMA's for stuff I kill.
I can guaranty that someone will try it though. More than one also.
 
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