WIRELESS DEVICE SETTLEMENT CLAIM INFORMATION
If you have questions that are not addressed on this Web site, you may contact Class Counsel:
Weiss and Lurie
10940 Wilshire Boulevard
23rd Floor
Los Angeles, CA 90024
1-800-437-7918
Or
Spiro Moss LLP
11377 W. Olympic Blvd
5th Fl.
Los Angeles, CA 90064
1-866-522-7202
Persons and entities who bought a Microsoft Broadband Networking Base Station or Adapter (“Microsoft Wireless Devices”) can claim benefits under a class action settlement.
A settlement has been reached in two class action lawsuits in the Los Angeles County Superior Court against Microsoft – John Yu v. Microsoft Corporation, Case No. BC316448 and Roman Shersher v. Microsoft Corporation, Case No. BC340630. The lawsuits involve certain Microsoft Wireless Devices bought from September 1, 2002 through July 31, 2009. Buyers can receive a cash payment for each Microsoft Wireless Device bought new and not for resale from a retailer or other entity that regularly sold such devices or from Microsoft’s Web site. The Court-ordered notice and other documents at this Web site explain the settlement and the benefits it provides.
Certain documents are available for download and printing in both Microsoft XPS and Adobe Acrobat PDF formats. If your computer is not already configured with either the Microsoft XPS or Acrobat software to view and print these documents, you may get XPS or Acrobat by clicking the appropriate link below.
For a complete list of documents available on this website, please click here
Frequently Asked Questions
- What is this settlement about?
- What are the key dates?
- What benefits are available under the settlement?
- How can I file a claim?
- Am I a member of the class?
- Where can I get more detailed information about the settlement?
Q: What is this settlement about?
A: A settlement has been reached in two class action lawsuits in the Los Angeles County Superior Court against Microsoft – John Yu v. Microsoft Corporation, Case No. BC316448 and Roman Shersher v. Microsoft Corporation, Case No. BC340630. The lawsuits involve certain Microsoft Wireless Devices bought from September 1, 2002 through July 31, 2009. Under the terms of the settlement, Microsoft will provide cash payments to eligible buyers for each Microsoft Wireless Device bought new and not for resale from a retailer or other entity that regularly sold such devices or from Microsoft’s Web site from September 1, 2002 through July 31, 2009.
Q: What are the key dates?
- SUBMIT A CLAIM FORM: The claim period expiration date will be no earlier than June 7, 2010 and may be later. When the court enters its Judgment the expiration date of the claim period will be posted on this Web site.
- EXCLUDE YOURSELF: 11/09/2009
- OBJECT: 11/09/2009
- GO TO APPROVAL HEARING: 12/8/09
Q: What benefits are available under the settlement?
A: You can receive a cash payment of up to ten percent (10%) of the Manufacturer’s Estimated Retail Price (MERP) for eligible Microsoft Wireless Devices bought from a retailer or other entity that regularly sold such devices or from Microsoft’s Web site from September 1, 2002 through July 31, 2009. Eligible devices are listed below. Payments will be made from a Settlement Fund of $1.6 million that Microsoft will establish. Payments will be 10% of MERP, unless the total valid Claim Forms submitted during the Claim Period would exceed the balance in the $1.6 million Settlement Fund after the amount of Court-ordered attorneys’ fees, costs and expenses to Class Counsel is deducted. In that case, the 10% payment rate will be reduced so that the total amount paid on all of the claims will equal, but not exceed, the Settlement Fund’s balance after deducting the amount of Court-ordered attorneys’ fees, costs and expenses. An example of such a possible reduction is set forth below. Microsoft will contribute any balance in the Settlement Fund after payments to Class Members and Plaintiffs’ attorneys’ fees and costs to the Boys and Girls Clubs of America.
Manufacturer’s Estimated Retail Prices: The amount of the payments to Settlement Class Members who submit valid claims during the Claim Period will be determined by reference to the following MERP’s of the Wireless Devices:
(a) Settlement Class Members who bought a BBN Wireless B Station MN500 (MERP $149.95) are eligible to receive a payment of up to $15.00;
(b) Settlement Class Members who bought a BBN Wireless B USB Adapter MN510 (MERP $79.95) are eligible to receive a payment of up to $8.00;
(c) Settlement Class Members who bought a BBN Wireless B Notebook Adapter MN520 (MERP $79.95) are eligible to receive a payment of up to $8.00;
(d) Settlement Class Members who bought a BBN Wireless B Desktop Kit MN610 (MERP $219.95) are eligible to receive a payment of up to $22.00;
(e) Settlement Class Members who bought a BBN Wireless B Notebook Kit MN620 (MERP $219.95) are eligible to receive a payment of up to $22.00;
(f) Settlement Class Members who bought a BBN Wireless G Base Station MN700 (MERP $109.95) are eligible to receive a payment of up to $11.00;
(g) Settlement Class Members who bought a BBN Wireless G USB 2 Adapter MN710 (MERP $79.00) are eligible to receive a payment of up to $7.90;
(h) Settlement Class Members who bought a BBN Wireless G Notebook Adapter MN720 (MERP $84.95) are eligible to receive a payment of up to $8.50;
(i) Settlement Class Members who bought a BBN Wireless G PCI Adapter MN730 (MERP $84.95) are eligible to receive a payment of up to $8.50;
and
(j) Settlement Class Members who bought a BBN Wireless G Notebook Kit MN820 (MERP $179.00) are eligible to receive a payment of up to $17.90.
Example of possible reduction in amount of payment to less than 10% of MERP: If the Court awards Class Counsel $448,000 in attorneys’ fees, costs and expenses, the $1.6 million Settlement Fund’s remaining balance would be $1,152,000 ($1,600,000 less $448,000). If timely and valid Claim Forms are submitted that would result in payments of $1.3 million, then the percentage used to determine payments to Settlement Class Members who submitted timely and valid claims would be 8.8615% (10% x 1,152,000/1,300,000), instead of 10%, of MERP. This is an example to show how a reduction, if needed, will be calculated. Whether a reduction will be needed and the amount, if any, will be known after all Claim Forms are processed.
Q: How can I file a claim?
A. To file a claim, you must complete a Claim Form and return it postmarked during the Claim Period. The Claim Period begins on August 27, 2009, and ends one hundred-eighty (180) days after Judgment approving settlement. This expiration date will be no earlier than June 7, 2010, and may be later. When the Court enters its Judgment, the expiration date of this 180-day period will be posted on this Web site.
The Claim form may be downloaded from this site by clicking on the Claim form below.
Or a claim form can be requested by calling 1-800-437-7918 or writing to the address below. The completed Claim Form must be mailed via U.S. Mail to the Claims Administrator at the following address:
Yu-Shersher Settlement Administration
P.O. Box 11487
Birmingham, AL 35202-1487
Q: Am I a member of the class?
A: You are a member of the class entitled to submit a claim for settlement benefits if you bought a Microsoft Wireless Device in the United States from September 1, 2002 through July 31, 2009 new (i.e., not second hand), and not for resale to others, from a retailer or other entity that regularly sold such devices or from Microsoft’s Web site. The eligible Microsoft Wireless devices are: BBN Wireless B Station MN500, BBN Wireless B USB Adapter MN510, BBN Wireless B Notebook Adapter MN520, BBN Wireless B Desktop Kit MN610, BBN Wireless B Notebook Kit MN620, BBN Wireless G Base Station MN700, BBN Wireless G USB 2 Adapter MN710, BBN Wireless G Notebook Adapter MN720, BBN Wireless G PCI Adapter MN730, and BBN Wireless G Notebook Kit MN820.
Q: Where can I get more detailed information about the settlement?
A: This Web site includes links to documents that contain detailed information about the settlement, including those titled “Summary Notice,” “Detailed Notice,” “Revised Stipulation of Settlement,” “Amendment to the Revised Stipulation of Settlement,” and the “Second Amendment to Revised Stipulation of Settlement and Order.” The Revised Stipulation of Settlement and the Amendments to the Revised Stipulation of Settlement are also available for public review at the office of the Clerk of the Court, Superior Court of California, County of Los Angeles, 600 South Commonwealth Avenue, Los Angeles CA 90005. Or, if you have questions that are not addressed on this Web site, you may contact Class Counsel: Weiss and Lurie, 10940 Wilshire Boulevard, 23rd Floor, Los Angeles, CA 90024, 1-800-437-7918, or Spiro Moss LLP, 11377 W. Olympic Blvd, 5th Fl., Los Angeles, CA 90064, 1-866-522-7202.
To view or download these documents follow the links below
Product ID Help
You are eligible to submit a Claim Form if you bought any of the following Microsoft Wireless Devices in the United States, new (i.e., not second hand) and not for resale, from a retailer or other entity that regularly sold such devices or from Microsoft’s Web site from September 1, 2002 through July 31, 2009:
(a) Microsoft BBN Wireless B Station MN500
(b) Microsoft BBN Wireless B USB Adapter MN510
(c) Microsoft BBN Wireless B Notebook Adapter MN520
(d) Microsoft BBN Wireless B Desktop Kit MN610
(e) Microsoft BBN Wireless B Notebook Kit MN620
(f) Microsoft BBN Wireless G Base Station MN700
(g) Microsoft BBN Wireless G USB 2 Adapter MN710
(h) Microsoft BBN Wireless G Notebook Adapter MN720
(i) Microsoft BBN Wireless G PCI Adapter MN730
(j) Microsoft BBN Wireless G Notebook Kit MN820
WHERE TO LOOK FOR THE MAC ID AND PRODUCT ID NUMBERS OF YOUR MICROSOFT WIRELESS DEVICE
If you still have your Wireless Device, you must write both its MAC ID and Product ID numbers on the Claim Form. The MAC ID and Product ID numbers are printed on a sticker on the Wireless Device.
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