TORONTO — Canadians who purchased certain Microsoft PC software between Dec. 23, 1998 and March 11, 2010 are eligible to claim up to $250 without receipts in a class-action lawsuit against the company.
The software includes Windows, Office, Word, Excel, Works Suite, Home Essentials and MS-DOS, among others. The software must have been purchased for either personal or business use on an Intel-compatible desktop or laptop, and not for resale, according to the settlement.
Naomi Kovak, a lawyer for Camp Fiorante Matthews Mogerman LLP, one of the firms handling the settlement, told CTVNews.ca that more than 150,000 Canadians have filed claims against Microsoft since the lawsuit’s application period opened.
Kovak said in a telephone interview on Tuesday the settlement is capped at $517 million, with an estimated $400 million for consumers filing a claim after deducting legal fees and expenses.
The class-action alleges that Microsoft and Microsoft Canada were involved in a “conspiracy to illegally increase prices for certain Microsoft products” in anti-competitive behaviour.
Kovok said Microsoft agreed to the settlement, but denies any wrongdoing or liability.
“They acted outside the law and inflated their prices, and consumers paid more for these products than they would have if Microsoft had been following the law,” Kovak said.
According to ThatSuiteMoney, the website set up to collect and organize Canadians’ claims against Microsoft, the application process is “simple” but depends on the size of one’s claim.
Canadians are eligible to claim compensation through consumer cash payments or volume licensee vouchers, according to the settlement.
For those with a claim of more than $250, proof of purchase is required for the amount over that value, which Kovak said may be easier to obtain.
“You only need proof of purchase for the portion over and above so that can be your more recent products and the ones in the latter part of the time period,” Kovak said.
Companies that bought Microsoft software licences in bulk for multiple employees can file claims of up to $650 without receipts, but any claim above that number must include proof of purchase.
Payments per Microsoft product range from $6.50 to $13.00 for both consumer cash payments and volume licensee vouchers. Kovak said these consumer payments were approved by the courts.
However, Kovak noted it is possible that Canadians purchased multiple computers and software during the time period outlined by the settlement and can file separate claims for each of the software applications that used the eligible Microsoft products.
The settlement notes that purchases made through a volume licensing program, such as Open, Select and Enterprise Agreements, are not eligible for cash payments.
Canadians who purchased a licence for one of the listed Microsoft products through a licensing program are eligible to submit a claim for up to $650 in vouchers, without proof of purchase.
The website says the vouchers can then be redeemed for certain Microsoft products.
According to ThatSuitMoney, the class actions were commenced in B.C., Ontario and Quebec, but include Canadian residents in all provinces and territories.
While no proof of purchase is necessary for some claims, applicants are required to submit a sworn declaration that their claim is accurate. Canadians can make a claim here.
Canadians have until Sept. 23, 2021 to submit a claim, but the law firms say the claims process will not be completed until early 2022.
After the end of the claims period, the law firms say some K-12 schools and post-secondary institutions in Canada will be eligible to claim vouchers to purchase software if there are settlement funds remaining.
