[Legal] Class Action Lawsuite against ATI

[apoppin]

Originally posted by: allenpan
well, if a mistake was made by dealer, isn't it dealer responsible to correct it? and this dealer is nice enough to correct his mistake, now how can u call him frad?, beside the invoice number is different, he redo the invoice

NO .. you are .. bother your dealer about, not us
- get your dealer to straighten it out directly with AMD - or drop it
-or call a lawyer

You are evidently getting no sympathy from us; the way you went about it was ridiculous - it LOOKS like fraud - and i am not surprised AMD threatened YOU with legal action for FRAUD; YOU fix it with your dealer and AMD!

Don't you ever get the idea you are wasting your time? i am getting this feeling right now and i am going to correct it by not returning to this thread and your silly threats of "class action" for 1 person; especially like you look like you are committing fraud .. anyone i know would know better than to send a 2nd invoice to AMD; that was not smart at all.

 

[Wreckage]

Originally posted by: nRollo
Hmmm
Unregistered product, switching receipt dates, 80 year old video card in human years- I don't think this is cause to waste ATi, court, or lawyer time.

Not to mention that this would be a small claims court issue, not a "class action".

He would also most likely have to file in the city that AMD resides and at most would get the original cost of the video card, assuming the case was even remotely viable.

 

[nRollo]

Originally posted by: Wreckage

Originally posted by: nRollo
Hmmm
Unregistered product, switching receipt dates, 80 year old video card in human years- I don't think this is cause to waste ATi, court, or lawyer time.

Not to mention that this would be a small claims court issue, not a "class action".

He would also most likely have to file in the city that AMD resides and at most would get the original cost of the video card, assuming the case was even remotely viable.

People really like to threaten lawsuits these days.

 

[Keysplayr]

Originally posted by: nRollo

Originally posted by: Wreckage

Originally posted by: nRollo
Hmmm
Unregistered product, switching receipt dates, 80 year old video card in human years- I don't think this is cause to waste ATi, court, or lawyer time.

Not to mention that this would be a small claims court issue, not a "class action".

He would also most likely have to file in the city that AMD resides and at most would get the original cost of the video card, assuming the case was even remotely viable.

People really like to threaten lawsuits these days.

How dare you say that!! I'll see you in court!! :evil:

 

[apoppin]

i'll see all of you in court,
- whoever has money

don't threaten me!!



Now *that* is a lawsuit .. but there is no class involved
- none whatsoever

 

[ibex333]

Guys... Why do you have to be so cruel? It's obvious the OP is not very bright, and his grammar skills are not too good. Maybe he is a foreigner, maybe even a 13 year old kid.
Apparently, he heard the term "Class action lawsuit" and without knowing what it means, he assumed it's just a fancy term for suing someone. You can insult his intelligence, laugh, and mock him... But you can also tell him in a few sentences that he is wrong, and he is wasting his time. These.. Insults are a waste of YOUR time. Go play some Fallout 3 instead. Such a good game...

 

[WaitingForNehalem]

Originally posted by: ibex333
Guys... Why do you have to be so cruel? It's obvious the OP is not very bright, and his grammar skills are not too good. Maybe he is a foreigner, maybe even a 13 year old kid.
Apparently, he heard the term "Class action lawsuit" and without knowing what it means, he assumed it's just a fancy term for suing someone.

You're also being cruel. Allenpan, I understand you feel cheated but suing over something that could be replaced for $10 isn't worth it. Newegg has a Nvidia 7200GS for $9.99 after rebate. Before you buy, make sure you know if you have an AGP or PCI-E x16 slot. Although, if you spend $10 more you could buy a much nicer 8400GS or 3450.

$9.99 AR

 

[apoppin]

Originally posted by: ibex333
Guys... Why do you have to be so cruel? It's obvious the OP is not very bright, and his grammar skills are not too good. Maybe he is a foreigner, maybe even a 13 year old kid.
Apparently, he heard the term "Class action lawsuit" and without knowing what it means, he assumed it's just a fancy term for suing someone. You can insult his intelligence, laugh, and mock him... But you can also tell him in a few sentences that he is wrong, and he is wasting his time. These.. Insults are a waste of YOUR time. Go play some Fallout 3 instead. Such a good game...

Why .. ?

because he insists he is right
- even though the evidence is completely against him. it looks like he is making up a "story" about a dealer conspiring to commit fraud by creating a new invoice.
- What do you expect us to do?


we advised him to drop it

is it better for a judge to dismiss him after he pays court costs .. and makes a fool of himself; perhaps getting into legal trouble with a bad invoice?
IF it were true - and it was a real error - his dealer would contact AMD for him.

It costs money to even RMA .. you rightly point out he could get a much BETTER card for less money - and a step up over "ancient"

 

[NYHoustonman]

Originally posted by: apoppin

Originally posted by: ibex333
Guys... Why do you have to be so cruel? It's obvious the OP is not very bright, and his grammar skills are not too good. Maybe he is a foreigner, maybe even a 13 year old kid.
Apparently, he heard the term "Class action lawsuit" and without knowing what it means, he assumed it's just a fancy term for suing someone. You can insult his intelligence, laugh, and mock him... But you can also tell him in a few sentences that he is wrong, and he is wasting his time. These.. Insults are a waste of YOUR time. Go play some Fallout 3 instead. Such a good game...

Why .. ?

because he insists he is right
- even though the evidence is completely against him. it looks like he is making up a "story" about a dealer conspiring to commit fraud by creating a new invoice.
- What do you expect us to do?


we advised him to drop it

is it better for a judge to dismiss him after he pays court costs .. and makes a fool of himself; perhaps getting into legal trouble with a bad invoice?
IF it were true - and it was a real error - his dealer would contact AMD for him.

It costs money to even RMA .. you rightly point out he could get a much BETTER card for less money - and a step up over "ancient"

He's insisting he's right but at least he's not being an asshole about it -.-

Half the people replying to this thread are bitching about him wasting THEIR precious time. It's a forum post, explain your position if you want to, otherwise ignore it. This isn't a complicated concept. Hell, this is your second reply after stating you were 'not returning to this thread'; he's gone and wasted more of your time!

Simply tell him why he's wrong, give him advice as to alternatives (as only a few have done), and leave it at that.

 

[Denithor]

I cannot believe I wasted five minutes of my life reading this crap.

One faulty video card does not a Class Action Lawsuit make.

 

[Kromis]

This is some pretty hilarious shit

 

[SunnyD]

Go for it, why not. It's the American way.

You may as well sue just about every other company out there too since nearly everyone has changed warranty terms at least once.

 

[Hauk]

OP, don't feel bad about the reaction your post received. Best course of action, forget the whole thing, spend whatever you can spend on a current card. Times have never been better to buy, whatever price range.

If you want satisfaction, ship me the bad card, pick a way you'd like to see it destroyed, and I'll send you a video free of charge...

 

[taltamir]

quite a lot of hostility here...

allenpan, if they promised 3 years then you should get three years, I am not sure what the tatus with the box and the EULA, that would be something to consult a lawyer with, it might or might not have legal standing. (asking in a tech forum is pointless in this regards because we know technology, not how the law balances a EULA, advertising on the box, and other things)... it sounds like there will be some standing if it says on the box "3 year warranty". but I am no lawyer.

Class action suits are actually NOT suits where you pay a ton of money to lawyers... in a class action suit the lawyers just take a large chunk of the proceeds... for example, if 10,000 people were "harmed" the lawyer with a few people who were "harmed" will sue and if they win the lawyers get 50% of the money and the rest is divided into 10,000 parts, each given to the individuals... so the only real winners in such suits are the lawyer. (although you could get concessions, like extended warranty for all people who purchased model X).

On the other hand, if I understand you, you got a new invoice made out with a modified date due an "oops". I don't see why they would not threaten legal action as the most reasonable solution is that you are trying to produce a fake receipt to receive warranty coverage you don't deserve. If you do sue them, they will likely counter sue you for that. Now you didn't actually admit to having faked the receipt, you said it was an honest mistake by the vendor. Which is why I am not ragging on you like the others, but this is a very... suspicious and illegal "honest mistake".

As for the 30 day registration... this is only the evga, BFG, and XFX LIFETIME warranty (1 year warranty, or lifetime if you register within 30 days of purchase). So it has nothing to do with the situation at hand.

 

[Foxery]

Silly Canadian, frivolous lawsuits are an American trademark. Get your own ideas!

Anyone defending the OP may want to check how many times he's been warned by mods in the past before suggesting he's anything but a troll. Woooow.

Strangely, I'm positive we've had this thread once before. But if the OP can't be bothered to search for it, neither can I... All I can suggest is that the invoice/receipt should be largely irrelevant, since the card itself should have a manufacture date either printed right on it, or accessible somewhere in software diagnostics.

 

[taltamir]

Originally posted by: Denithor
I cannot believe I wasted five minutes of my life reading this crap.

One faulty video card does not a Class Action Lawsuit make.

but one false advertising does. This reminds me of other class actions suits i have heard of things not living up to what was promised on the box. This sounds like a classic class action suit...

On the other hand, it also sounds like he has tried to defraud ATI with fake receipts to get warranty coverage anyways.

 

[AzN]

Originally posted by: nRollo

Originally posted by: Wreckage

Originally posted by: nRollo
Hmmm
Unregistered product, switching receipt dates, 80 year old video card in human years- I don't think this is cause to waste ATi, court, or lawyer time.

Not to mention that this would be a small claims court issue, not a "class action".

He would also most likely have to file in the city that AMD resides and at most would get the original cost of the video card, assuming the case was even remotely viable.

People really like to threaten lawsuits these days.

Considering a judge sued a dry cleaners 54million $$$ for missing pants this isn't as crazy it sounds.

 

[AzN]

Originally posted by: WaitingForNehalem

Originally posted by: ibex333
Guys... Why do you have to be so cruel? It's obvious the OP is not very bright, and his grammar skills are not too good. Maybe he is a foreigner, maybe even a 13 year old kid.
Apparently, he heard the term "Class action lawsuit" and without knowing what it means, he assumed it's just a fancy term for suing someone.

You're also being cruel. Allenpan, I understand you feel cheated but suing over something that could be replaced for $10 isn't worth it. Newegg has a Nvidia 7200GS for $9.99 after rebate. Before you buy, make sure you know if you have an AGP or PCI-E x16 slot. Although, if you spend $10 more you could buy a much nicer 8400GS or 3450.

$9.99 AR

Yup he is being cruel. I think allenpan just doesn't know his way around American law. Not because he isn't bright.

 

[taltamir]

Originally posted by: Azn

Originally posted by: nRollo

Originally posted by: Wreckage

Originally posted by: nRollo
Hmmm
Unregistered product, switching receipt dates, 80 year old video card in human years- I don't think this is cause to waste ATi, court, or lawyer time.

Not to mention that this would be a small claims court issue, not a "class action".

He would also most likely have to file in the city that AMD resides and at most would get the original cost of the video card, assuming the case was even remotely viable.

People really like to threaten lawsuits these days.

Considering a judge sued a dry cleaners 54million $$$ for missing pants this isn't as crazy it sounds.

that one lost his job, his law license, and his marriage of that one (for suing, not because the dry cleaners messed up).

but it really has nothing to do with this case of false advertising.. "don't sue AMD for false advertising, it is mean"? Are you guys on crack? AMD isn't exactly an angel doing good deeds here. You could argue a lot of things against this lawsuit... being "mean" isn't one of them.

 

[Soundmanred]

When did this go from ATI to AMD?

 

[Foxery]

Because AMD owns ATI...

God bless the Internet, where crazy people can say crazy things, and attract 40 responses anyway.

 

[Wreckage]

Originally posted by: Foxery

God bless the Internet, where crazy people can say crazy things, and attract 40 responses anyway.

It's what we like to call around here.... "a slow news week"

Now if no major video card news shows up for a month..... :shocked:

 

[Zap]

Originally posted by: Wreckage
It's what we like to call around here.... "a slow news week"

Translation: nRollo is behaving, and Fuad and Charlie are having writers block.

 

[duragezic]

Unless I missed him saying what card he has, why are people suggesting he can spend $10 to replace it? Sure it's from 2006, but even in the first month of 2006 I bought a 7800GT which wasn't top of the line then and would blow away crap like a 7200.

I agree his best bet here is to pick up something for cheap that will be even better than what he had. But unless he bought junk then, it'll take a little more to get a replacement card. Also I didn't realize that two year old cards are basically expected to die and be replaced by now anyway.