Vouchers Available for New York Businesses and Consumers in Microsoft New York Class Action Settlement
Client Advisory
A settlement has been reached in the class action lawsuit brought in the New York courts against Microsoft Corporation on behalf of consumers and businesses that acquired Microsoft software from May 18, 1994 through December 31, 2004 for use in New York State. If the settlement is approved, as is likely, Microsoft will distribute cash redeemable vouchers to consumers and businesses who indirectly acquired a license for use in New York, not for resale, for Microsoft Windows, MS-DOS, MS Office, Word or Excel. Most computers purchased during this period included the operating system software (Microsoft Windows or MS-DOS) already installed and many were also sold with MS Office, Word or Excel. Consumers and businesses that purchased computers with the operating system already installed are eligible to participate in the settlement.
Under the settlement, vouchers will be redeemable for cash upon their submission with proof of purchase for qualifying hardware or software to the Settlement Claims Administrator. Qualifying purchases include any new desktop, laptop or tablet computer for any operating system platform, excluding servers, personal digital assistants or other handheld devices, but including printers, scanners, monitors, keyboards and pointing devices. The qualifying hardware or software does not need to be a Microsoft product. Any non-custom software title not published by Microsoft that is designed for use on any qualifying hardware and not designed to operate a server will be qualifying software. Software purchased for server computers is not eligible. For each of the following products purchased during the May 18, 1994 to December 31, 2004 time period, vouchers will be worth:
- $12 for each Microsoft Windows 95, Windows 98, Windows 98 Second Edition or Windows Millennium operating system software license.
- $5 for each of Microsoft’s Office, Word and Excel software license.
- $5 for each of Microsoft’s MS-DOS and other versions of Windows (than those listed above).
Vouchers will be valid for up to four years after they are issued.
Members of the class whose claims are $950 or more may use the vouchers to purchase peripheral devices, such as printers, scanners, monitors, keyboards and pointing devices, only in connection with the purchase of a computer.
Transfer of Consumer Vouchers is limited. Consumer Vouchers of up to $650 may be sold or donated to other persons or organizations for personal or business use. A transferee may redeem no more than $10,000 in transferred vouchers. A voucher may only be transferred once.
Claim forms must be submitted online or by mail by October 18, 2006. Different levels of supporting documentation are required depending on whether the claim involves more than five license claims or whether the claimant is a volume licensee.
A copy of the
Notice of the Settlement is attached. Further details on the settlement and copies of claim forms and the underlying agreements are available at www.microsoftNYsettlement.com.
Please contact
Karl Schaffer at 212-238-8659 for further information or assistance in completing and submitting a claim form.
Carter Ledyard & Milburn LLP uses Client Advisories to inform clients and other interested parties of noteworthy issues, decisions and legislation which may affect them or their businesses. A Client Advisory does not constitute legal advice or an opinion. This document was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
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