Village Gamer

Ontario law firm Harrison Pensa LLP has announced that a settlement has been reached and approved by the Court whereby NVIDIA Corporation has agreed to pay CAD $1,900,000.00 in exchange for a full release of claims brought on behalf of Canadians who purchased a computer for use and not for resale equipped with a defective NVIDIA graphics card known as either a Graphics Processing Unit or a Media Communications Chip (“GPUs”). Consumers are eligible for compensation if they purchased certain laptop computers for use and not for resale made by Apple, Compaq, Dell, HP, or Sony that contain a defective GPU made by NVIDIA (the “Affected Computers”). A full list of “Affected Computers” is available online.

An Affected Computer is one that contains the defective NVIDIA GPU and which suffered or exhibited one or more of the following “Qualifying Symptoms”:

1. distorted or scrambled video
2. no video on the screen even when the computer is on
3. random characters, lines or garbled images
4. intermittent video issues; or
5. failure to detect wireless adaptor or wireless networks

The Qualifying Symptoms vary by computer manufacturer. A list of the symptoms by computer is available online.

Qualifying class members will receive cash compensation based on the severity of the Qualifying Symptoms experienced, the loss of use of the computer, the age of the Affected Computer, any out-of-pocket repair expenses, any loss of use, and other relevant factors.

To submit a claim, class members can obtain a Claim Form either online or by regular mail by contacting the Administrator at 1-866-432-5534.

In order to make a successful claim, class members should provide the following:

• Proof they bought one or more Affected Computers;
• Proof of the date of purchase of an Affected Computer;
• A description of the Qualifying Symptoms experienced and when they were experienced;
• A brief explanation of whether they lost the use of the computer permanently as a result of the Qualifying Symptoms or temporarily until there was a repair; and,
• Proof of any out of pocket expenses paid for in connection with the Qualifying Symptoms (e.g. repair bills, external memory drives, cooling pads, computer rental, shipping costs).

Cash payments will be made once satisfactory proof of purchase and a declaration respecting the experience of Qualifying Symptoms has been received by the Claims Administrator.

Cash payments will be made for total loss of use based on the age of the computer; temporary loss of use having regard to the nature and duration of the loss of use; and reimbursement for out-of-pocket expenses.

The amount of compensation will be determined by the Claims Administrator who will apply a compensation grid and settlement administration guidelines (the “Distribution Protocol”). More information about the Distribution Protocol is available online.

To receive compensation, class members must mail or otherwise submit a completed Claim Form and any supporting documents to the Administrator no later than February 25, 2014.