Microsoft sued for data loss and damage to PC due to Windows 10 upgrade

Posted 27 March 2017 17:47 CEST by Jan Willem Aldershoff

A class of American Windows 7 users have sued Microsoft because the free upgrade to Windows 10 resulted in data loss and damage to the computer. The users claim the damaged forced them to buy a new computer or pay for repairs.

According to the plaintiffs the upgrade was automatically installed and they could not revert the process and go back to their previous OS. They also argue that the ‘Windows 10 installer genie’ only checked whether the PC was compatible with Windows 10 but did not check the condition of the PC or whether the HDD could handle the stress of the installation. Neither did it a check to determine whether a user’s third-party software was compatible with the new OS.

One of the plaintiffs states that the HDD stopped working after Windows 10 was installed without permission. Another plaintiff stated that he gave permission for the upgrade but that his existing applications no longer worked after the upgrade and another plaintiff reports that his computer was damaged after the Windows 10 upgrade and he had to pay Microsoft to get it work again.

The plaintiffs want Microsoft to pay damages. The lawsuit asserts claims for breach of warranty, product liability, negligence, and consumer fraud

Microsoft spokesperson said in response to the lawsuit to CourtHouseNews, “The Windows 10 free upgrade program was a choice designed to help people take advantage of the most secure, and most productive Windows. Customers had the option not to upgrade to Windows 10. If a customer who upgraded during the one year program needed help with the upgrade experience, we had numerous options including free customer support and 31-days to roll back to their old operating system. We believe the plaintiffs’ claims are without merit.”



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