This is why this entire situation is a disaster for EVGA. You can never know if you will get a new card with the thermal pad fix unless you buy from EVGA at full price (rip off). Unless EVGA does a complete recall of all shipped cards (which they won't), forget buying one at any other retailer like Newegg, Amazon, Microcenter, Frys....ect.
Why on earth would anyone by an EVGA card from a retailer and have a high chance of getting a unit without the fix when there are PLENTY of other brands that engineered their cards with a correct thermal design...rip EVGA.
At this point you would have to be crazy to buy an EVGA unit.