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original Post: http://forums.nvidia.com/index.php?showtopic=21796
Please post there also if you want to get in on it. I am contacting members by e-mail to put them on the list. This kind of thing should not be over looked. Misleading the public or consumer into buying your product is not ethical and can be stopped if enough people voice their concern.
here is the contents of the post :
OKay... frankly its November 27th and there is still no VISTA 8800 drivers from Nvidia. I think this is ridiculous. By the time they release the drivers, the price on this card will have dropped $50 - $100.00. I didn't rush and sell my ATI CROSSFIRE setup in a rush to get another DX9 card.
I am a Microsoft Gold Partner and as you know as a partner you get a free MSDN subscription. AS of almost two weeks ago, I had my hands on the RTM version of VISTA. This is the FINAL release version. NOT BETA. It has DX10 built in and it does not matter if you download and use the 32-bit or 64-bit version. IT is out there for us to use and run and install with a valid key and the GEFORCE 8800 DOES NOT work on it.
I backed up my data, formated my hard drive and install vista. Then it came time to load the drivers and to my shock... the VISTA READY DX10 Compatible $660.00 Nvidia card i bought did not come with VISTA DRIVERS?!?!?! started to read it would be out in a week... and here i am almost 2 weeks later with no drivers.
If this has happened to you, please post and let me know if you would be interested in starting a class action lawsuit against NVIDIA.
I was an avid ATI fan, all i bought was ATI cards. I finally decided to switch to Nvidia after constantly being told by my coworkers that Nvidia is the better company/brand to go with...
WHAT A MISTAKE!
SO HERE ARE THE BASICS ON ADVERTISING A PRODUCT... i think its pretty clear Nvidia has violated this by advertising their card is DX10 and Vista ready when its very obvious now that it was and still IS not VISTA ready.
Only the FTC has the authority to enforce the FTC Act. Private parties, such as consumers or competitors, can bring a legal action regarding false advertising under the Lanham Act.
To establish a violation under the Lanham Act, consumers and competitors must prove the following: (1) the advertiser made false statements of fact about its product; (2) the false advertisements actually deceived or had the capacity to deceive a substantial segment of the target population; (3) the deception was material; (4) the falsely advertised product was sold in interstate commerce; and (5) the party bringing the lawsuit (known as the "plaintiff") was injured as a result of the deception.
GENERAL ADVERTISING POLICIES
What truth-in-advertising rules apply to advertisers?
Under the Federal Trade Commission Act:
advertising must be truthful and non-deceptive;
advertisers must have evidence to back up their claims; and
advertisements cannot be unfair.
Additional laws apply to ads for specialized products like consumer leases, credit, 900 telephone numbers, and products sold through mail order or telephone sales. And every state has consumer protection laws that govern ads running in that state.
What makes an advertisement deceptive?
According to the FTC's Deception Policy Statement, an ad is deceptive if it contains a statement - or omits information - that:
is likely to mislead consumers acting reasonably under the circumstances; and
is "material" - that is, important to a consumer's decision to buy or use the product.
What makes an advertisement unfair?
According to the Federal Trade Commission Act and the FTC's Unfairness Policy Statement, an ad or business practice is unfair if:
it causes or is likely to cause substantial consumer injury which a consumer could not reasonably avoid; and
it is not outweighed by the benefit to consumers.
How does the FTC determine if an ad is deceptive?
A typical inquiry follows these steps:
The FTC looks at the ad from the point of view of the "reasonable consumer" - the typical person looking at the ad. Rather than focusing on certain words, the FTC looks at the ad in context - words, phrases, and pictures -ÿto determine what it conveys to consumers.
The FTC looks at both "express" and "implied" claims. An express claim is literally made in the ad. For example, "ABC Mouthwash prevents colds" is an express claim that the product will prevent colds. An implied claim is one made indirectly or by inference. "ABC Mouthwash kills the germs that cause colds" contains an implied claim that the product will prevent colds. Although the ad doesn't literally say that the product prevents colds, it would be reasonable for a consumer to conclude from the statement "kills the germs that cause colds" that the product will prevent colds. Under the law, advertisers must have proof to back up express and implied claims that consumers take from an ad.
The FTC looks at what the ad does not say - that is, if the failure to include information leaves consumers with a misimpression about the product. For example, if a company advertised a collection of books, the ad would be deceptive if it did not disclose that consumers actually would receive abridged versions of the books.
The FTC looks at whether the claim would be "material" - that is, important to a consumer's decision to buy or use the product. Examples of material claims are representations about a product's performance, features, safety, price, or effectiveness.
The FTC looks at whether the advertiser has sufficient evidence to support the claims in the ad. The law requires that advertisers have proof before the ad runs.
Please post there also if you want to get in on it. I am contacting members by e-mail to put them on the list. This kind of thing should not be over looked. Misleading the public or consumer into buying your product is not ethical and can be stopped if enough people voice their concern.
here is the contents of the post :
OKay... frankly its November 27th and there is still no VISTA 8800 drivers from Nvidia. I think this is ridiculous. By the time they release the drivers, the price on this card will have dropped $50 - $100.00. I didn't rush and sell my ATI CROSSFIRE setup in a rush to get another DX9 card.
I am a Microsoft Gold Partner and as you know as a partner you get a free MSDN subscription. AS of almost two weeks ago, I had my hands on the RTM version of VISTA. This is the FINAL release version. NOT BETA. It has DX10 built in and it does not matter if you download and use the 32-bit or 64-bit version. IT is out there for us to use and run and install with a valid key and the GEFORCE 8800 DOES NOT work on it.
I backed up my data, formated my hard drive and install vista. Then it came time to load the drivers and to my shock... the VISTA READY DX10 Compatible $660.00 Nvidia card i bought did not come with VISTA DRIVERS?!?!?! started to read it would be out in a week... and here i am almost 2 weeks later with no drivers.
If this has happened to you, please post and let me know if you would be interested in starting a class action lawsuit against NVIDIA.
I was an avid ATI fan, all i bought was ATI cards. I finally decided to switch to Nvidia after constantly being told by my coworkers that Nvidia is the better company/brand to go with...
WHAT A MISTAKE!
SO HERE ARE THE BASICS ON ADVERTISING A PRODUCT... i think its pretty clear Nvidia has violated this by advertising their card is DX10 and Vista ready when its very obvious now that it was and still IS not VISTA ready.
Only the FTC has the authority to enforce the FTC Act. Private parties, such as consumers or competitors, can bring a legal action regarding false advertising under the Lanham Act.
To establish a violation under the Lanham Act, consumers and competitors must prove the following: (1) the advertiser made false statements of fact about its product; (2) the false advertisements actually deceived or had the capacity to deceive a substantial segment of the target population; (3) the deception was material; (4) the falsely advertised product was sold in interstate commerce; and (5) the party bringing the lawsuit (known as the "plaintiff") was injured as a result of the deception.
GENERAL ADVERTISING POLICIES
What truth-in-advertising rules apply to advertisers?
Under the Federal Trade Commission Act:
advertising must be truthful and non-deceptive;
advertisers must have evidence to back up their claims; and
advertisements cannot be unfair.
Additional laws apply to ads for specialized products like consumer leases, credit, 900 telephone numbers, and products sold through mail order or telephone sales. And every state has consumer protection laws that govern ads running in that state.
What makes an advertisement deceptive?
According to the FTC's Deception Policy Statement, an ad is deceptive if it contains a statement - or omits information - that:
is likely to mislead consumers acting reasonably under the circumstances; and
is "material" - that is, important to a consumer's decision to buy or use the product.
What makes an advertisement unfair?
According to the Federal Trade Commission Act and the FTC's Unfairness Policy Statement, an ad or business practice is unfair if:
it causes or is likely to cause substantial consumer injury which a consumer could not reasonably avoid; and
it is not outweighed by the benefit to consumers.
How does the FTC determine if an ad is deceptive?
A typical inquiry follows these steps:
The FTC looks at the ad from the point of view of the "reasonable consumer" - the typical person looking at the ad. Rather than focusing on certain words, the FTC looks at the ad in context - words, phrases, and pictures -ÿto determine what it conveys to consumers.
The FTC looks at both "express" and "implied" claims. An express claim is literally made in the ad. For example, "ABC Mouthwash prevents colds" is an express claim that the product will prevent colds. An implied claim is one made indirectly or by inference. "ABC Mouthwash kills the germs that cause colds" contains an implied claim that the product will prevent colds. Although the ad doesn't literally say that the product prevents colds, it would be reasonable for a consumer to conclude from the statement "kills the germs that cause colds" that the product will prevent colds. Under the law, advertisers must have proof to back up express and implied claims that consumers take from an ad.
The FTC looks at what the ad does not say - that is, if the failure to include information leaves consumers with a misimpression about the product. For example, if a company advertised a collection of books, the ad would be deceptive if it did not disclose that consumers actually would receive abridged versions of the books.
The FTC looks at whether the claim would be "material" - that is, important to a consumer's decision to buy or use the product. Examples of material claims are representations about a product's performance, features, safety, price, or effectiveness.
The FTC looks at whether the advertiser has sufficient evidence to support the claims in the ad. The law requires that advertisers have proof before the ad runs.
