NordicJedi

floorpizza

Fettle
Knew this will happen. People whining about how much a lawyer/firm will earn. Mind your own business?. If you are illiterate and jobless doesn't mean others should drop to your level and beg to live. What an absolutely disgusting way of living.
 
Humanity these days...

It isn't a matter of "mind your own business", it's a matter of "what's fair". Is it right that most class action lawsuits provide very little (and often pointless) compensation to the affected class, while the law firms (which never suffered from a potentially dangerous product, eg, cars going full throttle) make millions and millions? Class Action lawsuits should provide restitution for consumers affected by faulty and/or dangerous products; that's the very reason for the existence of class action suits. It should not leave consumers hanging on to a five dollar off coupon while lawyers make millions.
 
Personally, I would be happy to be able to return my 970 and receive a discount off of a 980. I think that would be fair, since all they did was misrepresent their product. It's not like it's going to go full throttle on the freeway and hurt someone.

Except, that's the nature of class action lawsuits.  Lawyers have to deal with thousands of claims by people who attest to being in the same situation, they have to spend many hours in court time even arguing to keep the case as a class action suit, and most of what they receive at the end is simply repayment for attorneys' fees.  The bar to get a class action suit to remain a class action suit seems to get more difficult every year, as federal courts tend not to favor granting class action status to cases.  Most of these cases end up as a settlement, anyway, with a large fund created to repay plaintiffs or claimants of a particular class, more money goes to the people actually named as representatives of the class, and other money goes to the attorneys to repay legal fees and its other reasonable fees for representing the class.


Any person is free to sue a company on his or her own, even if multiple cases are ongoing.  You can decline to be part of the class and pursue your own legal options (it requires an affirmative declaration to decline to be part of the class, if a class settlement is announced).  In this way, you can likely achieve a better financial reward, if that's a possible remedy for the cause of action.  However, it will be more costly in the short term, unless the attorney is working on a contingency basis.   But therein lies the reason most choose to simply join a class action settlement - it makes a lot more financial sense to allow other people to pay for the attorney fees and then just profit from their work, even if your reward ends up being significantly less.  

chosin
Being new here im sorry but i must weigh in a little as being a official owner of affected 970 card. I recently stepped up to ftw+ from ftw. Hoping that the increase in power and cooling would help stuttering issues in some games. I for one bought the 970 actually 2 of them to be semi future proof. But when running 3dmark11 it caps out 3.505 gb\s but it does score high on P 15000 with the fan noise screaming . Performance not the issue the screen jumps to one frame to the next. slows down then returns to normal for little while are. If everyone is getting new cards will pretty much have these cards rendered trash, worth nothing. As i said i stepped up to FTW+. If you don't own these why comment on this you don't know. I still have one im waiting to send in. But on the flip side of this, I can stop testing PSU RAM CPU MOBO SSD hell even bluray drive. Uninstalling and reinstalling drivers, looking up bios mods. Because it is the hardware i was sold. If the new cards do it then what. I came over from the red camp for this bs. Just saying

mistermister
If/when we get VRAM stacking with DX12, Ill happily buy all of these unwanted "defective" 970s off your hands. At a steep discount of course. 

DcCrow

chosin
Being new here im sorry but i must weigh in a little as being a official owner of affected 970 card. I recently stepped up to ftw+ from ftw. Hoping that the increase in power and cooling would help stuttering issues in some games. I for one bought the 970 actually 2 of them to be semi future proof. But when running 3dmark11 it caps out 3.505 gb\s but it does score high on P 15000 with the fan noise screaming . Performance not the issue the screen jumps to one frame to the next. slows down then returns to normal for little while are. If everyone is getting new cards will pretty much have these cards rendered trash, worth nothing. As i said i stepped up to FTW+. If you don't own these why comment on this you don't know. I still have one im waiting to send in. But on the flip side of this, I can stop testing PSU RAM CPU MOBO SSD hell even bluray drive. Uninstalling and reinstalling drivers, looking up bios mods. Because it is the hardware i was sold. If the new cards do it then what. I came over from the red camp for this bs. Just saying

I think I get what you are saying, but people dont necessarily need to have the card to voice a reasonable opinion.
 
Dont get me wrong, nvidia messed up big time, which is why im leaning on buying a 980 for 1080 3d vision.

Scarlet-Tech

chosin
Its funny people are saying that it cant run 4k but in my nvidia experience panel it recommends me running 4k through the use of DSR. Sooooo if you box and specs says it supports DSR... IE 4k. Then all users should be able 9 our 10 times use it. Experience panel is Nvidia software it analyses your system optimized settings. If the settings are 4k then what. sry for quote

GeForce Experience will also be kind enough to "optimize your games for you" but added a file that will cause issues in game. It is highly recommended to NOT install GeForce experience because of this.

Scarlet-Tech
I have installed GeForce experience, just for shadow play, and had games start acting up or crashing. Most notably, Arma 3 and CSGO would just close when I had never had an issue without it installed, and have had none since removing it.

I do not currently have a link, but I definitely won't install it again. I don't like having essentially bloat were on my computer.

Optimizing the settings of your card should be a task you take on since it takes a matter of seconds. Software can't get the setting correct when every single card can and usually will act different.

schmak01
I have been involved in MANY class action suits and am involved in this one as well.  It doesn't cost you anything as a consumer and it is one of the few ways you can voice your dissatisfaction with a vendor and it actually have an impact on their business.   Yes, nVidia falsely reported how the 970 works, it was not their intent to be dishonest if you believe them, it was a mistake from their PR department, but it is still a major issue, and if it was brought to light at release many people would not have bought the cards as they would not support 4k or surround gaming.  
 
Will you get a full refund for your card? A free upgrade to a 980? $100 back? No.  You'll get a portion of the settlement, and the average I have gotten back has been <$20 USD.  I have gotten from other CAS anywhere from $6.47 (Bank of America) to $123.17 (Citrix).  You do not participate in a CAS to get rich or your money back,  it won't happen.  You participate because it is the only real way to make companies responsible for their actions. 
 
I like my 970's and decided I won't trade up.  They do their job great and I have to push the crap out of them to even replicate this issue, but I was misinformed by the manufacturer o the specifications of the device when I purchased in September and they should be held accountable for that.

RiffyDivine

schmak01
I have been involved in MANY class action suits and am involved in this one as well.  It doesn't cost you anything as a consumer and it is one of the few ways you can voice your dissatisfaction with a vendor and it actually have an impact on their business.   Yes, nVidia falsely reported how the 970 works, it was not their intent to be dishonest if you believe them, it was a mistake from their PR department, but it is still a major issue, and if it was brought to light at release many people would not have bought the cards as they would not support 4k or surround gaming.  
 
Will you get a full refund for your card? A free upgrade to a 980? $100 back? No.  You'll get a portion of the settlement, and the average I have gotten back has been <$20 USD.  I have gotten from other CAS anywhere from $6.47 (Bank of America) to $123.17 (Citrix).  You do not participate in a CAS to get rich or your money back,  it won't happen.  You participate because it is the only real way to make companies responsible for their actions. 
 
I like my 970's and decided I won't trade up.  They do their job great and I have to push the crap out of them to even replicate this issue, but I was misinformed by the manufacturer o the specifications of the device when I purchased in September and they should be held accountable for that.

Came here to share the same thing that on average all you get is a few bucks and a pat on the butt. Most of the time the settlement is done out of the courts anyway, it is a good way to make a point but in the end you are still out the cost of the card. I just don't see it going anywhere but I am not a lawyer so who knows. Anytime I've gotten involved with a CAS I find that it often wasn't even worth the trouble in the end because nothing changes.

HeavyHemi

schmak01
I have been involved in MANY class action suits and am involved in this one as well.  It doesn't cost you anything as a consumer and it is one of the few ways you can voice your dissatisfaction with a vendor and it actually have an impact on their business.   Yes, nVidia falsely reported how the 970 works, it was not their intent to be dishonest if you believe them, it was a mistake from their PR department, but it is still a major issue, and if it was brought to light at release many people would not have bought the cards as they would not support 4k or surround gaming.  
 
Will you get a full refund for your card? A free upgrade to a 980? $100 back? No.  You'll get a portion of the settlement, and the average I have gotten back has been <$20 USD.  I have gotten from other CAS anywhere from $6.47 (Bank of America) to $123.17 (Citrix).  You do not participate in a CAS to get rich or your money back,  it won't happen.  You participate because it is the only real way to make companies responsible for their actions. 
 
I like my 970's and decided I won't trade up.  They do their job great and I have to push the crap out of them to even replicate this issue, but I was misinformed by the manufacturer o the specifications of the device when I purchased in September and they should be held accountable for that.

The GTX 970 was never marketed as supporting or suitable for 4K gaming.  They should not be held accountable for the mistaken impression(s) of users IMO.
That being said, it was a mistake on their part. However since the GPU performs exactly the same as it did prior to the incorrect specs being exposed, what exactly is the damage to the consumer?

RiffyDivine

schmak01

BF3PRO

RiffyDivine

schmak01
I have been involved in MANY class action suits and am involved in this one as well.  It doesn't cost you anything as a consumer and it is one of the few ways you can voice your dissatisfaction with a vendor and it actually have an impact on their business.   Yes, nVidia falsely reported how the 970 works, it was not their intent to be dishonest if you believe them, it was a mistake from their PR department, but it is still a major issue, and if it was brought to light at release many people would not have bought the cards as they would not support 4k or surround gaming.  

Will you get a full refund for your card? A free upgrade to a 980? $100 back? No.  You'll get a portion of the settlement, and the average I have gotten back has been <$20 USD.  I have gotten from other CAS anywhere from $6.47 (Bank of America) to $123.17 (Citrix).  You do not participate in a CAS to get rich or your money back,  it won't happen.  You participate because it is the only real way to make companies responsible for their actions. 

I like my 970's and decided I won't trade up.  They do their job great and I have to push the crap out of them to even replicate this issue, but I was misinformed by the manufacturer o the specifications of the device when I purchased in September and they should be held accountable for that.

 


Came here to share the same thing that on average all you get is a few bucks and a pat on the butt. Most of the time the settlement is done out of the courts anyway, it is a good way to make a point but in the end you are still out the cost of the card. I just don't see it going anywhere but I am not a lawyer so who knows. Anytime I've gotten involved with a CAS I find that it often wasn't even worth the trouble in the end because nothing changes.

So you realized they do nothing and the other guy is a mooch...

 
That's the attitude that helps the companies and not the consumer.
 
So you order an 8 slice pizza (an analogy I used before), Pineapple and Canadian Bacon.  They deliver it on time, its nice, its hot and you open it up.  7 our of the 8 slices are fine.  That last slice though is wet, cold, stale and has a big ass anchovy on it. 
 
Sure its still 8 slices of pizza, but its not the 8 slices you ordered.  It doesn't matter if you were never going to eat that slice as you  normally only eat 3, then save 3 for lunch the next day, you ordered and entered a contract with the pizza place for eight slices of pineapple and Canadian bacon pizza and they did not deliver on their side of the contract. 
 
Its up to you if you want to call and have them refund the pizza or send you a new one with 8 slices that are all edible.  If you are fine with it, then so be it.  The other 7 slices might be the most delicious pizza you have ever had, but then you still have to look at that 8th slice, know its there, and if you ever got hungry enough to eat it, you could but suffer through the horrendous taste and probably massive IBS and indigestion. 
 
To make it simple, just because you might not ever eat that eighth slice doesn't make it OK for them to completely screw it up.  You paid for a whole pizza and didn't get what you ordered.  We all paid for 4 GB of fully functional VRAM, not an "*", not 512 that works sometimes, or runs poorly.  Its not how the card was advertised or promoted.  It is OK to be upset that you did not get what you were told even if you will never eat/use it and to hold that company accountable. 

 
Yes but in this case it would have been just human error, **** happens. I am not going to go call up the place and yell over it I'd just order from somewhere else. It's a waste of my time to even call but that's me and my time has value and it's more then the cost of a pizza. In this case it's also why I bought the 980s, I paid more to make sure nothing would be disabled on the card so this kind of thing wouldn't effect me. It's not like this is the first card they ever did this with and it has been normal for the lower cards since the 500s I believe. I only agree with the fact that they should have said something sooner to the consumer as there is no way the tech team didn't see what the PA team was showing and go hey wait a minute that's not right.