Microsoft Class Action Settlement
I just received the following notice…
“Iowa Consumers and Businesses That Bought Microsoft Software Can Get Benefits From a Proposed Class Action Settlement – Iowa State and Local Governments Are Included. Over $179 Million Available to Benefit the Class.”
A Proposed Settlement has been reached in a class action lawsuit against Microsoft on behalf of Iowa consumers and businesses. Microsoft will provide up to $179,950,000 in cash and vouchers. Class Members can request a claim form to get cash or vouchers.
The Class includes all consumers and businesses that purchased a license for certain Microsoft software for use in Iowa from someone other than Microsoft between May 18, 1994 and June 30, 2006. The Class also includes all Iowa state and local governments that purchased a license for certain Microsoft software for use in Iowa from someone other than Microsoft between July 1, 2002 and June 30, 2006. The federal government is not included in the Class.
If you obtained the license for resale you are not included in the Class.
The lawsuit claims that Microsoft violated Iowa antitrust and unfair competition laws. Plaintiffs say this means consumers were overcharged for software. Microsoft denies these claims. It also denies that it overcharged anyone for software. The Court did not decide in favor of the Plaintiffs or Microsoft. Instead, both sides agreed to this Proposed Settlement.
Consumers who purchased eligible software will get up to $29 cash per license. Volume licensees and/or Iowa state and local governments will get a voucher valued up to $29 per license. Vouchers can be used towards the purchase of a wide variety of software and hardware. The Proposed Settlement also requires Microsoft to provide half of any unclaimed funds to Iowa public schools. The program to divide these funds will be approved by the Court.
For more details on the types of licenses you must have and the benefits you can get, read the Detailed Notice.
To get benefits, you can apply online or fill out and send in a claim form. Claims must be postmarked no later than December 14, 2007. There are different forms based on the number and type of licenses you have. The Detailed Notice explains what you need to do. All the claim forms are available at www.IowaMicrosoftCase.com or by calling 1-877-477-0960 toll-free. Claims may be audited and penalties apply for false claims.
If you don’t want cash or vouchers, you may exclude yourself by July 30, 2007. If you do not exclude yourself, you are bound by this Proposed Settlement. This means you will release any claims you have against Microsoft that are covered by the Proposed Settlement.
If you don’t exclude yourself, you may object in writing no later than July 30, 2007, to any part of the Proposed Settlement.
Microsoft will pay attorneys’ fees and expenses and class representative awards separately. These costs will not reduce the settlement benefits you get. The lawyers representing you will request $75 million in attorneys’ fees and reasonable expenses. Class Counsel will also request that each of the Class Representatives be awarded $10,000 for their time and effort.
The Detailed Notice explains how to object or ask to be excluded.
The Iowa District Court, Fifth Judicial District, will hold a hearing in this case, on August 31, 2007. The case name is Comes v. Microsoft Corporation, Case No. CL82311. The Court will decide whether to give final approval to the Proposed Settlement. It may consider the lawyers’ request for fees and expenses and class representative awards. You or your lawyer may appear at the hearing, at your own cost. If the Proposed Settlement is approved, Microsoft will be released from liability for claims. This is explained in the Settlement Agreement.
