From the beginning, Microsoft faced huge criticism for the methods it used to roll out the Windows 10 update. Despite the choices you made, some users found that the update installed on their systems anyway. While in most cases, this wasn’t a problem, there were users that ran into issues. Now it seems at least three of those users are pushing back. Microsoft is being sued by three people who claim that the Windows 10 update destroyed their data and damaged their systems.
Microsoft “failed to exercise reasonable care in designing, formulating, and manufacturing the Windows 10 upgrade and placing it into the stream of commerce,” the complaint filed in Chicago’s District Court alleges.
The complaint also argues that Microsoft didn’t disclose the potential risks about installing the update. “As a result of its failure to exercise reasonable care, [the company] distributed an operating system that was liable to cause loss of data or damage to hardware,” the complaint reads.
The complaint also highlights issues with the upgrade process, claiming it “often installs itself without any action being taken by the consumer.”
The complaint is seeking to turn this lawsuit into a class action lawsuit that could potentially impact thousands of users that ran into problems with the update process.
Microsoft, as you may expect, is dismissing the claim as baseless stating that it’s “without merit.”
“The Windows 10 free upgrade program was a choice designed to help people take advantage of the most secure, and most productive Windows,” a Microsoft spokesperson said. “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.”
This isn’t the first time Microsoft has been taken to court over the Windows 10 upgrade. In June 2016, a California woman won $10,000 in a lawsuit after her PC was disabled after she installed the Windows 10 update.
It seems the fallout from the Windows 10 update process is far from over, as there are still many users that aren’t happy with the forced aspect of the update and the constant annoyance of the upgrade message. On top of that, there are users that ran into problems, only adding fuel to the fire.
The question is, what will the courts say about this. Will it dismiss this as just part of computer ownership or will it actually hold Microsoft responsible for failed updates and the loss of data on users computers? We will have to wait and see. But if the court case in California is any indicator, Microsoft better be prepared.
What do you think about this lawsuit? Is it ridiculous and baseless or should Microsoft be held accountable for their actions surrounding the update and the data loss that is associated with the failed updates? Tell me your thoughts in the comments below.
About the author
Matt is an IT professional with over fifteen years experience supporting network infrastructure and computers. An avid gamer, Matt enjoys his time playing and writing about his experiences both in the IT world and in the gaming communities. You can find more of his writing for LaptopNinja where he enjoys talking about everything tech.