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Graphics card manufacturer Nvidia agreed to a preliminary settlement that will resolve claims in a group of proposed class action lawsuits that center around allegations that the company misled consumers about the performance and storage capabilities of its product.
Nvidia says it will pay each buyer of the graphics card $30 and will pay an additional $1.3 million in attorneys’ fees, according to settlement documents.
The overall settlement amount was not publicly disclosed within court papers, however Nvidia agreed to pay all consumers who purchased the GTX 970 graphics card and indicated there would not be a cap on the total amount it would pay consumers.
“The settlement is fair and reasonable and falls within the range of possible approval,” attorneys for the proposed Class said in the filing. “It is the product of extended arms-length negotiations between experienced attorneys familiar with the legal and factual issues of this case and all settlement class members are treated fairly under the terms of the settlement.”
The initial proposed class action lawsuit in a series of lawsuits against Nvidia was filed in February 2015 and alleged that the company engaged in false advertising, deceptive business practice, unlawful is practices and violated California’s business law for unfair business practices.
The initial claim accused Nvidia of having a graphics card that operated on 3.5 GB but was advertised as operating with a full 4 GB of video access memory, plus another .5 GB that was separated from the rest of the memory.
Another proposed class action lawsuit in the series was filed the following month and also alleged similar claims about the gigabyte amounts and separation, saying the product was falsely advertised and negligently represented.
The recent settlement with Nvidia includes a total of 15 consumer class action lawsuits that were consolidated in Northern California as well is a pending action in San Diego, according to court documents.
In addition to the size of video access memory and its setup, the consumers also accused Nvidia of having 64 render output processors rather than the 56 that were advertised and of having smaller specialized memory cache than advertised.
The consumers claimed that overall, Nvidia omitted information that was important for buyers to understand as they made their purchases, causing potential Class Members to purchase products with lower functionality and capabilities than what was advertised.
Nvidia denied all allegations of wrongdoing, and both parties entered into the settlement and agreed upon the terms, believing them to be in the best interests of all parties involved.
Nvidia graphics cards cost approximately $350 and the anticipated $30 payout was calculated to represent a portion of the cost of the storage and performance capabilities the consumers thought they were obtaining in the purchase of the product, according to the proposed settlement.
Instructions on how to file a claim for the Nvidia class action settlement were not immediately available. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also “Follow” this case using your free Top Class Actions account to receive notifications when this article is updated.
The consumers are represented by Alan M. Mansfield of Whatley Kallas LLP and L. Timothy Fisher and Neal J. Deckant of Bursor & Fisher LLP.
The Nvidia Graphics Card False Advertising Class Action Lawsuit is In re: Nvidia GTX 970 Graphics Chip Litigation, Case No. 4:15-cv-00760, in the U.S. District Court for the Northern District of California.
UPDATE: The Nvidia GTX 970 graphics card class action settlement is now open! Click here to file a claim!
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74 thoughts onNvidia Settles Graphics Card False Advertising Class Action
I own an Asus chipset of same card with Strix and Overclock edition, 4GB written and shows on pc as well. Do i get a claim on that 30 dollars as well, or is it for Nvidia’s own built cards only?
OK, now, have you ever seen a gtx970 made by nvidia????? hmmm, no. Every card sold has a MANUFACTURE name on the BOX that it came in. It is like Intel Inside a computer, Intel did not make the computer, some other manufacturer did and it has Intel chips. Well, it has nvidia designed chips, thats it.
My one friend got the new AMD RX 480 4GB card. Come to find out they sent him a 8GB card with only 4GB unlocked. He did what any smart person would do get a driver that allowed it to unlock all 8. Thus he saved $40 buying the 4GB card. Looks like nVidia takes and AMD gives haha!
you people are funny…………….lool
:)
How do I cash in please?
mayheamk go to the bottom of this page and click on CONTACT :)
Does this apply to cards that are only manufactured by Nvidia or also other brand GTX 970 cards?
What? Nvidia are the only ones making GTX970 cards, and GTX cards in general
Ever heard of EVGA, ASUS or MSI? Nividia only makes the reference card there are a lot of GTX manufactures.
All the gpus are made by NVidia. The other companies buy NVidia 970’s and build the pcb. He’s right, you’re wrong.
It applies to any Graphics card that use 970 GPU regardless of the brand.
Can I get the 30 dollars if I say I’m going to get the card? Or maybe a discount card??
I can imagine it would be easier for Nvidia to change the labelling and the published specification on the card, which will absolve them from liability with regard to any new bought cards. Hopefully they would lower the RRP from this point also, so the card should be $30 cheaper on the market. However, the settlement will not bind Nvidia to future pricing so that part will be up to them! Finally, I would recommend checking out the 10 series cards, possibly the 1060 or 70. essentially the claim is that these cards deliver far more bang for buck – you might find the entry level 1060 will match a 970 on performance, although I am not sure.
If you bought that card in Europe are you also entitled to this money?
Or only USA residents will be recompensated and rest of the world can suck it?
NICE!!!
Lol that name. Btw if youre in eu do you still get paid or is it us only.. because if thats the case eu should sue nvidia as well. Because money money money money money.
Does anyone know how to claim the money yet?
nope
I bought two EVGA 970 SC-2974 does it mean I should get $60? :o
Yup.