FAQ's

Settlement Information last updated on April 24, 2007.
The claim filing deadline is closed effective April 23, 2007. Claims sent after April 23, 2007 will not be accepted.

General FAQ's

Volume Licensing FAQ's

Exclusion (Opt-Out) FAQ's

 

 

General FAQ's

What is this Case About?

Plaintiff alleges that Microsoft unlawfully used anticompetitive means to maintain a monopoly in markets for certain software, and that as a result, it overcharged Arkansas consumers who licensed its MS-DOS, Windows, Word, Excel and Office software. Microsoft denies plaintiff's allegations and believes that it developed and sold high quality and innovative software products at fair and reasonable prices. The parties settled the case, and on September 7, 2006, the Court conditionally certified a Settlement Class (defined in the notice) and preliminarily approved the Settlement Agreement. The Court will decide whether to grant final approval of the Settlement at a hearing on March 6, 2007.

 

What are the Terms of the Settlement?

Microsoft will provide up to $37.8 million to volume licensing customers and consumer customers in the form of vouchers, which may be redeemed for rebates on the purchase of Qualifying Hardware or Qualifying Software. On September 7, 2006, the Court conditionally certified a Settlement Class (defined in the notice) and preliminarily approved a Settlement Agreement.

 

Who is Eligible to Participate in the Settlement?

Any person, business, or entity who directly or indirectly purchased a Microsoft Operating System and/or Microsoft Application in the United States, for use in Arkansas, between January 1, 1998 and December 31, 2004.

 

Who is Ineligible to Participate in the Settlement?

Any person or entity whose licenses were purchased for re-sale or re-licensing and licenses for government entities, are not eligible for the Settlement. Also excluded are Microsoft, its officers, directors, successors, assignors and subsidiaries.. Also excluded from the Arkansas Settlement Class are all government entities of any kind, including public schools.

 

How Can I Participate in the Settlement?

If you qualify as a Class Member and wish to participate in the Settlement you must file a Claim Form, postmarked by April 23, 2007. This deadline may be extended by the Court at a later date. Class Members who file a claim by the deadline are eligible to receive vouchers that the Settlement Administrator will redeem for rebates on purchases of Qualifying Hardware or Qualifying Software purchased after September 7, 2006.

 

Which Microsoft Products are Covered by the Settlement?

Microsoft Operating Systems generally include MS-DOS, Windows, Windows 95, Windows 98, Windows 98 Second Edition, Windows Millennium Edition (ME), Windows for Workgroups, Windows NT Workstation, Windows 2000 Professional, Windows XP Professional, and Windows XP Home Edition . Microsoft Applications generally include Word, Excel, Office, Home Essentials, and Works Suite versions designed for computers with MS-DOS or Windows operating systems. See Appendices A-1 through A-3 of the Settlement Agreement (Microsoft Operating System and/or Microsoft Application) for a complete list of products included in the Settlement.

 

What is Considered Qualifying Hardware or Qualifying Software?

Qualifying Hardware includes personal computers, laptop computers, Tablet PCs and Apple Macintosh computers. If the total amount of your voucher(s) is less than $950, you may also redeem your voucher(s) for the purchase of printers, monitors, scanners, keyboards, mice and other pointing devices. If the total amount of your voucher(s) is $950 or more, you may redeem your voucher(s) for the purchase of printers, monitors, scanners, keyboards, mice and other pointing devices only if those items come bundled with the computer.

Qualifying Software includes any software title, including titles not published by Microsoft, which is available for sale to the general public in standard form and is capable of running on any Qualifying Hardware.

 

What is Not Considered Qualifying Hardware or Qualifying Software?

Servers, server hardware, PDAs or other hand-held devices, peripherals (cables, speakers or other external devices) or components (including storage units, CD-ROMs, DVDs, zip drives, tape backups, memory, video or audio cards, motherboards or CPUs) are not considered Qualifying Hardware. Custom software, software designed to operate on a server, consulting services, and software that operates on CPUs not used in Qualifying Hardware are not considered Qualifying Software.

 

What are Vouchers?

Class Members who file a claim by the deadline are eligible to receive vouchers that the Settlement Administrator will redeem for rebates on purchases of Qualifying Hardware or Qualifying Software, if purchased after September 7, 2006.

 

What is the Value of the Vouchers?

for use in Arkansas between January 1, 1998 and December 31, 2004, the Settlement Administrator will issue:

  • A voucher for $12.00 for each license of Windows 95, Windows 98, Windows 98 Second Edition or Windows Millennium Edition (specified in Appendix A-1 of the Settlement Agreement).
  • A voucher for $5.00 for each license of Office, Word, Excel, Home Essentials, and Works Suite (specified in Appendix A-2 of the Settlement Agreement).
  • A voucher for $5.00 for each license of MS-DOS, Windows versions 1.0 to 3.2, Windows for Workgroups, Windows NT Workstation, Windows XP Home, Windows XP Professional and Windows 2000 Professional (specified in Appendix A-3 of the Settlement Agreement).

A Class Member may transfer $650 worth of vouchers to a third party transferee. A third party transferee may redeem up to $10,000 in vouchers for rebates, upon certifying that the transferee purchased the Qualifying Hardware or Qualifying Software for use in his or her home or business. Vouchers can be transferred once only.

 

How Do I Redeem Vouchers?

When you receive your voucher(s), you will also receive a redemption form. To redeem a voucher submit the voucher, along with proof of purchase for Qualifying Hardware or Qualifying Software. Submit these items to the Settlement Administrator, postmarked on or before April 25, 2011 to the following address:

Microsoft Products Settlement Redemption
P.O. Box 4028
Portland, OR 97208-4028

 

Do I Have to Do Anything Now?

As a Class Member, you have four options. You can remain a Class Member, remain a Class Member and object to the Settlement, opt out of the Settlement, or do nothing.

  • Remain a Class Member: You will automatically remain a Class Member and be included in the Settlement, unless you opt-out. As a Class Member, you will be bound by any judgment or order in this case, whether favorable or unfavorable and will be represented by Class Counsel. You may also choose to have your own attorney represent you at your own expense. You may receive Settlement Benefits for a voucher you can use to receive a rebate for the purchase of a wide variety of computer hardware and software if you:

    • Submit a Claim Form, with any required documentation; and
    • Your Claim Form is deemed valid and the Court approves the final settlement.
  • Remain a Class Member and Object to the Settlement: You can remain a Class Member, but object to the settlement by filing an objection. (See "How Do I Object to the Settlement" below).
  • Opt-Out of the Settlement: You will automatically be included in the Settlement and bound by it, unless you exclude yourself (opt-out) by submitting timely written notice. (See "Exclusion (Opt-Out) FAQs" below).
  • Do Nothing: If you do not send in a claim form, opt out form or object to the Settlement, you will be bound by any judgment or order in the case, but will not receive any Settlement Benefits.

 

Which Claim Form Should I Use?

If you received your license(s) for a covered Microsoft product by purchasing it from a retailer (either at a store, by mail, or the Internet) or if your covered Microsoft product came loaded on a computer, and you are not a Volume Licensee, you should use the Standard Claim Form.

If you are a business purchaser and licensed multiple copies through the Microsoft Open, Select, or Enterprise Agreement licensing plans, you should use the Volume Licensing Claim Form.

 

How Do I Locate the Production Identification "PID" Number?

For detailed instructions on locating your Certificate of Authenticity, Product ID, Product Key or CD Key numbers, click here.. If you cannot locate your Certificate of Authenticity, Product ID, Product Key or CD Key numbers, you may submit other credible written evidence.

 

What is the Deadline to File a Claim?

All Claim Forms must be postmarked by April 23, 2007. This deadline may be extended by the Court at a later date.

 

What if I Don't File a Claim?

If you do not file a valid claim, and you do not exclude yourself (opt-out), then you will not be eligible to receive any Settlement Benefits, but you will still be bound by any judgment or order in this case.

 

What is the Settlement Approval Procedure?

The Court will decide whether to grant final approval of the Settlement at a hearing on March 6, 2007 (the hearing may be continued to additional dates, without further notice to Class Members). The hearing will be held by The Honorable Judge Alice Gray in the Circuit Court of Pulaski County, 401 W, Markham, Room 350, Little Rock, AR 72201, on March 6, 2007 at 9:45 am, to determine:

  • Whether the proposed Settlement is fair, reasonable and adequate;
  • Whether a final judgment should be entered approving the Settlement and dismissing this case with prejudice; and
  • The amount of attorneys' fees and expenses to be paid to Class Counsel.

    If you do not wish to object to the proposed settlement you do not need to appear at the hearing.

     

    How Do I Object to the Settlement?

    You can remain a Class Member, but object to the settlement by filing an objection with the Court. To file an objection or appear at the Settlement Hearing on March 6, 2007, you must do the following:

    • State in writing the basis for such objections, with any supporting papers and information;
    • Submit adequate proof of Class Membership; and
    • State in writing the basis for such objections; and
    • Provide copies of these items and all other papers in support of objections to the Clerk of the Court, Class Counsel and Microsoft Counsel, by hand or by mail, by February 15, 2007 to the following addresses:

    Clerk of the Court

    The Circuit Court of Pulaski County, Arkansas, Twelfth Division
    401 W Markham St.
    Little Rock, AR 72201

    Counsel for the Arkansas Settlement Class:

    Mike L. Roberts
    ROBERTS LAW FIRM, P.A.
    20 Rahling Circle
    Little Rock, AR 72223-1790
    (501) 821-5575

    Ben Barnow
    BARNOW and ASSOCIATES, P.C.
    One North LaSalle Street, Suite 4600
    Chicago, IL 60602
    (312) 621-2000

    Counsel for Microsoft Corporation:

    Richard J. Wallis
    MICROSOFT CORPORATION
    One Microsoft Way
    Redmond, WA 98052

    David B.Tulchin
    SULLIVAN & CROMWELL LLP
    125 Broad Street
    New York, NY 10004

    Any Class Member who does not file an objection in the time and manner described in the notice will not be able to raise any objection to the settlement in the future. Any Class Member whose objection is overruled will still be bound by the Court's action. If you submitted a timely opt-out, you cannot object to the settlement.

     

    Who Should I Contact if I Have Questions?

    If you have questions or want to receive a copy of the Notice or Claim Form, call or write to the Settlement Administrator listed on the Contact Us page.

     

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    Volume Licensing FAQ's

    What is Microsoft Open?

    Microsoft Open License is a software volume licensing program designed for corporate, charity, and academic customers who order as few as five licenses. After the initial order, customers can benefit from volume pricing for all licenses for the remainder of the term of their Open License authorization number. For more information, please visit http://www.microsoft.com/licensing/programs/open/

     

    What is Microsoft Select?

    Microsoft Select License is a software volume licensing program designed for corporate, charity, and academic customers with 250 or more desktops and mixed product and purchasing requirements. Select License 6.0 customers receive a volume price level for each pool of products selected (applications, systems, or servers) based on a three-year software forecast. For more information, please visit http://www.microsoft.com/licensing/programs/sel/

     

    What is Microsoft Enterprise Agreement?

    Microsoft Enterprise Agreement is a software volume licensing program designed for corporate customers with 250 or more desktops. As an Enterprise Agreement customer, customers are able to license Microsoft software to standardize on their choice of the Microsoft enterprise products (Microsoft Office Professional, Microsoft Windows Professional upgrade, and Core Client Access License) at discounted prices based on a three-year agreement term. For more information, please visit http://www.microsoft.com/licensing/programs/ent/

     

    How Do I Obtain Volume Licensing Information?

    To obtain volume license information, to submit with your Claim Form, through Open, Select or Enterprise Agreement plans, go to https://licensing.microsoft.com. In order to use this web site, you will need to use (or create) a Microsoft.NET Passport name and password. Select the "Support" link for assistance on registering.

     

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    Exclusion (Opt-Out) FAQ's

    How Do I Exclude Myself from the Settlement?

    Any member of the Arkansas Settlement Class may exclude (opt out) themselves from the benefits under the Settlement. To be excluded from the Settlement, you must:

    • Mail a letter stating your request to opt-out of the Settlement. The letter must include your:

      • Name;
      • Address;
      • Telephone number; and
      • A clear statement of your intent to opt-out of the Settlement.
    • All requests for exclusion must be signed by or on behalf of the person requesting exclusion. Mail the form or letter to:
    Microsoft Products Settlement Opt-Out
    PO Box 3710
    Portland, OR 97208- 3710

     

    What is the Deadline for Filing an Exclusion (Opt-Out) Request?

    All Exclusion (Opt Out) Request forms or letters must be postmarked by February 20, 2007. If a request for exclusion does not include all of the required information, or is postmarked after February 20, 2007 it will be invalid.

    Any person filing an invalid request for exclusion shall be deemed a Class Member and will be bound by the Court's action in this case.

     

    What Happens if I Exclude Myself from the Settlement?

    If you opt out, you will not be entitled to receive Settlement Benefits. You will retain all of your existing legal rights to pursue claims against Microsoft. Microsoft will retain all legal defenses against you. You will not be a Class Member or be bound by the Court's judgments or orders in this case.

     

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