Should you be compensated for the GTX 970 issues and spec changes?

[cmdrdredd]

That's one lone moderator's opinion. MSI hasn't given an official statement to even those moderators so I wouldn't hold it against MSI.







The best part about Nvidia over the last 6-7 years is even when they make a mistake, it somehow just equates to their consumers throwing even MORE money at them.







Tri-SLI?

Not an option with my motherboard. In a way I kind of regret buying an mATX board but at the time it was the only asus ROG board available, one of the top overclockers with a stable bios, had all the features I needed like the sound blaster audio chip, Intel NIC etc. for $189. I couldn't pass that up when I was building a new system. I only have the ability to run two cards and they are tightly packed together. I have been super happy with my system since I built it though. Next time I will know that mATX doesn't work for me anymore.

 

[fleshconsumed]

Breaking: Nvidia engineer speaks out

https://www.youtube.com/watch?v=spZJrsssPA0

Too funny, but totally true.

I can't believe nvidia would do 180 so quickly. Well, actually I do, they talked to their lawyers and lawyers said don't do anything that might be interpreted as admitting fault. I was just hopeful nvidia would at least try and do the right thing, but I guess I was wrong.

I've made the jump from nvidia to AMD not too long ago because nvidia was too overpriced and was just a poor value all around. This does nothing to convince me to go back to nvidia. Vote with your wallets guys, that's the only thing that will make nvidia reconsider its stance.

 

[HumblePie]

Make sure you leave reviews pointing out how you feel. If you find a way to request an refund, make sure to post back here.

Already called their number and am waiting on a call back. I hope to deal with a customer service rep if not their legal department. If they are unwilling to at least say they are willing to make up something for me to my satisfaction then I will tell them I will be pursuing all legal options available to me in my state.

A refund is not going to be a resolution that suits me at all. It will either be an exchange of video cards in the near future that meet the exact original specs or a free upgrade to the next level of product that meets or exceeds those specs. If not I'll be pursuing the compulsory punitive penalty my state allows which is up to three times the purchase price of the the item in question plus my legal fees. Which in this case if I go the court route it's a slam dunk win in my favor even if it takes a year or so to complete. That's pretty much the only actions I deem satisfactory at this point from Nvidia's part.

 

[cmdrdredd]

Already called their number and am waiting on a call back. I hope to deal with a customer service rep if not their legal department. If they are unwilling to at least say they are willing to make up something for me to my satisfaction then I will tell them I will be pursuing all legal options available to me in my state.



A refund is not going to be a resolution that suits me at all. It will either be an exchange of video cards in the near future that meet the exact original specs or a free upgrade to the next level of product that meets or exceeds those specs. If not I'll be pursuing the compulsory punitive penalty my state allows which is up to three times the purchase price of the the item in question plus my legal fees. Which in this case if I go the court route it's a slam dunk win in my favor even if it takes a year or so to complete. That's pretty much the only actions I deem satisfactory at this point from Nvidia's part.

Lol I can only wish you luck. There is no slam dunk.

 

[Granseth]

That's one lone moderator's opinion. MSI hasn't given an official statement to even those moderators so I wouldn't hold it against MSI.
(...)

Isn't that something to hold against MSI, shouldn't they be professional enough to instruct their PR-representation and not leave them to make their own judgements?

 

[cmdrdredd]

Isn't that something to hold against MSI, shouldn't they be professional enough to instruct their PR-representation and not leave them to make their own judgements?

Do we know they are not 3rd party affiliation?

 

[WelshBloke]

A refund is not going to be a resolution that suits me at all. It will either be an exchange of video cards in the near future that meet the exact original specs or a free upgrade to the next level of product that meets or exceeds those specs.

That's unreasonable IMHO, if you're not happy with your purchase then as an ultimate solution they should offer a full refund. I'm not sure why you think that you should be entitled to more than you purchased.

 

[cmdrdredd]

That's unreasonable IMHO, if you're not happy with your purchase then as an ultimate solution they should offer a full refund. I'm not sure why you think that you should be entitled to more than you purchased.

Which is why I don't think there is any slam dunk here. This isn't like the lemon laws regarding automobiles. This is a product that they can likely prove is performing as expected at the time of purchase.

 

[HumblePie]

Ok I got in contact with Nvidia L2 and legal team. At this point they said they will be working with various manufacturers for a potential resolution for affected customers. They did not state what their plans are at this point but stated my personal case has been escalated up for priority to resolve. I informed them of my state laws and protections and asked that I get a better response to my official request within 30 days as allotted by the laws of my state. They said they would. So it is now a wait and see game. They did state I should also try contacting both the reseller and manufacturer of my cards to see if they are offering at this point a potential resolution that may meet my satisfaction.

 

[cmdrdredd]

Which is a typical response similar to "we are looking into it". Lol

 

[HumblePie]

That's unreasonable IMHO, if you're not happy with your purchase then as an ultimate solution they should offer a full refund. I'm not sure why you think that you should be entitled to more than you purchased.

Because THAT is what consumer protection laws are all about. If someone breaks the law and aren't willing to fix the problem as outlined by the laws, then they face potential punitive actions if acted upon by the consumer harmed.

 

[WelshBloke]

Which is why I don't think there is any slam dunk here. This isn't like the lemon laws regarding automobiles. This is a product that they can likely prove is performing as expected at the time of purchase.

But absolutely, definitely isn't the product that was sold.

Its a different product.

That's the issue. It should entitle people to return it if they now feel like it isn't what they wanted.

Lets be honest if Nvidia had done that in the first place they probably would have gotten away with a few returns and even fewer bad feelings.

 

[HumblePie]

Which is why I don't think there is any slam dunk here. This isn't like the lemon laws regarding automobiles. This is a product that they can likely prove is performing as expected at the time of purchase.

Sigh, incorrect. I highly suggest you go read the available consumer protection laws available to you from your state. I certainly know mine as I have had to fight several issues in the past and have won every single time I have had to do so. I do not put that statement lightly out there when I state this would be a slam dunk case. There is plenty of evidence to what the expected advertised product was suppose to be as well as evidence that the product does not meet the advertisements of the product.

Laws in my state protect me as a consumer for when the above issue happens. It's pretty straight forward to. The manufacturer can do a recall to the product sold to me to fix it from their end so it meets the expected originally advertised product. They can do a swap for an item that meets or exceeds that advertisement. They can also counter offer with a full refund of my purchase for which I am not legally bound to accept either. In which case the consumer protection laws allow them to pay up to three times or more of the original price for the item as a refund to which I am legally bound to accept as that would the outcome of a court ruling if the company is not able to supply an item that meets or exceeds the original advertised product.

 

[jackstar7]

That's unreasonable IMHO, if you're not happy with your purchase then as an ultimate solution they should offer a full refund. I'm not sure why you think that you should be entitled to more than you purchased.

Why is he only entitled to compensation for what he purchased? He made the purchase under false information and how can you know what that might have cost him?

If he were a custom rig builder and had put these out to his customers and they came complaining to him, then he's potentially losing business in the deal. Similar to how OCUK is handling things, there are places that stand to lose money because they trusted nV to deliver to the market what they said they were delivering.

While none of this might directly apply to Humble's situation, it doesn't change that there can be consequences and costs for customers beyond what you imagine as the typical use case for this product.

 

[cmdrdredd]

Because THAT is what consumer protection laws are all about. If someone breaks the law and aren't willing to fix the problem as outlined by the laws, then they face potential punitive actions if acted upon by the consumer harmed.

lol well whatever waste your time, it's not my time.

 

[HumblePie]

You have to prove they broke the law though and the deck is not in your favor.

It's a civil matter not a criminal matter. I already have all the proof I need. There is an advertised product and by their own official press release, the product doesn't meet that advertisement. That is what makes it a slam dunk case. They do have 30 days from an official request by a consumer to make right their mistake before a legal process can go forward at least in my state. Most states, if not all, have a similar timeframe they allot to allow for a product seller/maker to make right their mistake. Hoping Nvidia does the right thing in this case without me having to go the full legal process route.

 

[cmdrdredd]

It's a civil matter not a criminal matter. I already have all the proof I need. There is an advertised product and by their own official press release, the product doesn't meet that advertisement. That is what makes it a slam dunk case. They do have 30 days from an official request by a consumer to make right their mistake before a legal process can go forward at least in my state. Most states, if not all, have a similar timeframe they allot to allow for a product seller/maker to make right their mistake. Hoping Nvidia does the right thing in this case without me having to go the full legal process route.

Again go ahead and waste your time(not to mention money) over a GPU that if they offer to refund in full, should be plenty of compensation. Sounds to me like you just want a 980 for 970 prices. Good luck on that. I imagine by the time your situation is resolved one way or another you would be able to buy multiple 980s or whatever card you wanted for the cost to the courts and maybe even out of your pocket, and both the 970 and 980 would be sufficiently outclassed as to make the whole thing a total waste.

 

[HumblePie]

lol well whatever waste your time, it's not my time.

It's not really a waste of time. I already called and put in an official complaint. After that I'll call my lawyer and have him draft an official legal process response for a resolution before a court docket is created. Pretty much 5 minutes of my time making various phone calls. They either resolve now or they resolve later at a greater cost to them. It's a simple process even if it may take a long wait for a resolution on my part. That wait isn't "wasted" time though as I am not putting my life on hold until I get a resolution to my satisfaction. Nor is money going to be wasted at all on my part. A case like this would be easily taken pro-bono by my lawyer for which I already called and said if I need to go that route he would certainly do based upon the already given evidence in the case. I have literally nothing to lose and everything to gain. But go ahead and be sour grapes about others who are willing to fight for consumer protections.

 

[SlowSpyder]

lol well whatever waste your time, it's not my time.

To some people it isn't a waste of time to expect the other party to hold up their end of the contract.

I completely understand GTX 970 owners who say that this isn't an issue for them. That they are ok with the GPU's limitations that have recently come to light. No problems at all with that. What I don't understand is how some people seem to be actively trying to convince others who own the card that shouldn't think this is a problem. Nvidia mislead in regards to what customers were buying, intentionally or not.

 

[MrK6]

False advertising is false advertising, waiting for the class action.

 

[cmdrdredd]

To some people it isn't a waste of time to expect the other party to hold up their end of the contract.



I completely understand GTX 970 owners who say that this isn't an issue for them. That they are ok with the GPU's limitations that have recently come to light. No problems at all with that. What I don't understand is how some people seem to be actively trying to convince others who own the card that shouldn't think this is a problem. Nvidia mislead in regards to what customers were buying, intentionally or not.

But expecting anything more than a full refund of your money at maximum is nonsense to me. That someone expects a 980 for the price they paid for a 970 is crazy and I can't wrap my mind around that.

 

[HumblePie]

False advertising is false advertising, waiting for the class action.

Class action may take awhile, and I rarely do class action in cases like this. You get far less compensation for joining a class action.

 

[Squeetard]

LOL, subscribed to this thread for when nVidia's lawyers crush Humblepie and stick him with 300 grand in legal fees. Over a $400 product that is working exactly how it should.

 

[waffleironhead]

Again go ahead and waste your time(not to mention money) over a GPU that if they offer to refund in full, should be plenty of compensation. Sounds to me like you just want a 980 for 970 prices. Good luck on that. I imagine by the time your situation is resolved one way or another you would be able to buy multiple 980s or whatever card you wanted for the cost to the courts and maybe even out of your pocket, and both the 970 and 980 would be sufficiently outclassed as to make the whole thing a total waste.

Odds are he's going to win. I was pretty skeptical when Humble sued dicks sporting goods, but turns out he won.
There is a reason consumer protection laws are on the books. It's to protect consumers from false claims from manufactures and retailers. The only way to make sure they follow the rules is to make them pay when they try to pull one over on you.
In the end, some people are ok getting taken advantage of, others not so much.

 

[waffleironhead]

LOL, subscribed to this thread for when nVidia's lawyers crush Humblepie and stick him with 300 grand in legal fees. Over a $400 product that is working exactly how it should.

Wrong, the consumer protection laws in his state are pretty tight. Nvidia is most likely going to settle, and right quick.