A class action lawsuit was filed against Microsoft over the company’s alleged pushing of its free Windows 10 upgrade to its users.
The complaint claims that some users were upgraded to Windows 10 without their real knowledge or permission, and that Microsoft failed to fully inform users of the upgrade or how to reverse it.
“The Plaintiff’s Windows 10 marketing technique is reminiscent of the story line in science fiction films like Terminator which have a scenario where the computers start functioning autonomously,” the class action states.
The lawsuit continues, “Microsoft’s intrusion on a user’s PC is not only an invasion of privacy but also represents a conversion of a person’s property.”
The deceptive Windows 10 upgrade class action lawsuit sets out Microsoft’s recent advertising campaign for its new Windows 10 computer operating system started with the Windows icon it allegedly forced onto users computers, in the bottom right-hand corner of the screen.
According to the complaint, clicking on that icon opened a pop-up window describing the “free upgrade” to Windows 10, and giving the options to “upgrade now” or “upgrade tonight.”
The class action argues that unlike normal software updates, users were not given an option to disable the pop-up, and the upgrade icon typically required “professional IT help or searching the internet for procedures to remove the icon.”
“A great number of people have installed the Windows 10 system inadvertently or without full realization of the extent of the download,” the complaint states.
Moreover, the class action contends that once downloaded, Windows 10 was very hard to remove. Users only have 30 days to delete the new operating system and revert to their old one, and the class action argues that “less than 10% of users have the expertise to reverse the process or disengage the Windows 10 promotion.”
The class action asserts that Microsoft’s heavy-handed promotion of Windows 10 violated federal laws against spam, junk faxes, unfair and deceptive trade practices, and anticompetitive acts.
First, Microsoft violated the federal CAN-SPAM act by sending the electronic offer without an “unsubscribe” feature, and by failing to fully inform consumers of the potential negative effects of installing the new operating system, according to the complaint.
Second, the class action asserts that the Windows 10 upgrade offer was in violation of the Junk Fax Prevention Act. The complaint argues that the Windows icon advertising the upgrade was unrequested, just like an unwanted fax.
The complaint goes on to state that the Junk Fax Act allows penalties of $500 per occurrence, which can be tripled by the court if the violation was made “willfully” or “knowingly.”
Third, the complaint alleges that Microsoft’s Windows 10 offer was unfair and deceptive, in violation of the laws of the Federal Trade Commission. The complaint argues that the “free offer” did not provide all details to consumers.
Fourth, and finally, the class action contends that Microsoft violated antitrust laws by pushing its Windows 10 upgrade to keep its dominant place in the computer software market.
Plaintiffs Ahmad Al Khafaji, Ahmad Abdulreda, and Robert Stahl state that they were Windows 7 users who were upgraded to Windows 10.
The plaintiffs seek to represent all Windows 7 users, even though the user agreement with Microsoft prohibits class actions. They argue that those provisions of the user agreement are void due to the conduct of Microsoft.
The plaintiffs are represented by Richard G. Chosid of the Law Office of Richard G. Chosid, Esq., PA.
The Microsoft Deceptive Windows 10 Upgrade Spam Class Action Lawsuit is Ahmad Al Khafaji, et al. v. Microsoft Corporation, Case No. 0:16-cv-61763, in the U.S. District Court for the Southern District of Florida.
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174 thoughts onMicrosoft Class Action Alleges Windows 10 Upgrade is Spam
5k hardware + software for my computer, and my “free” upgrade to win11 cost me what. Actual control of the device! Microsoft claims to own any computer that has win11 on it. I have not executive functions or true local administrative permissions. Microsoft controls everyone’s devices with their forced GPOs on Microsoft domain via our Microsoft accounts. How do we sign up for class action suits. Microsoft owes me a large chunk of $$$ + damages.
This lawsuit leaves out a large group of people, I along with many other individuals have a Hewlett-Packard stream laptop with Windows 10 on it over the last year I have been struggling with the Windows 10 update 1903 I keep getting a message that I need to update to Windows 10 1903 because support for my previous version of Windows 10 is coming to an end or has come to an end when I attempted to update my Windows 10 I keep getting a message I don’t have enough room are you removed all applications including my printer off the laptop I still don’t have enough room I followed your instructions and put in an SD card with 32 gigabytes on it and I’m still getting the message I don’t have enough room I have reset my computer to the day 1 was giving it as a gift and now indicates I have enough room but I suspect very strongly that the time I download Windows 10 update or upgrade I will be told I do not have enough room to install it one of the issues with the Hewlett-Packard stream laptop is when was Windows downloads and installs new updates it doesn’t remove the old updates and that is taking up room on the laptops, there was also no future for me to let Microsoft know I don’t want the update or cannot get the update because I have no room, so I keep on getting these messages I cannot make them stop coming, I believe this is a whole big scheme to force people into having to buy a new laptop I cannot afford to buy a new laptop and I shouldn’t have to buy a new laptop, so I think you need to update your current Microsoft Windows 10 lawsuit to include these people all you need to begin another class action lawsuit over this,
An oh yes I have had a Windows update assistant loaded onto my laptop which I can remove but when I do it reinstalls it. I don’t need the Windows 10 update assistance because my laptop wants to automatically go do the update or in my window settings
I’m also figuring if I am ever able to get the new Windows update 1903 successfully installed on my laptop I in all likelihood we’ll have no room to install my printer software on my Microsoft office
I have been getting constant bombardment of automatic updates from Microsoft ever since they forced windows 10 onto all of my computers, they destroyed four, a faith computer could be rebuilt but but they would only rebuild it with ten. My sonar equipment can not operate on ten. This cost me over 100,000 in sonar survey fees and over ten thousand in hardware fees. Anyone want to join me in a class action, National wide? 805 712 6199 T. Grabowski, uwcsi
I PLAN TO SUE MICROSOFT AS WELL, WINDOWS 10 IS A SPAM.
ALL THE TIME UPGRADES, WITHOUT ALLOWING THEM, THEY UPGRADE THEIR VERSION.
I WONDER WHY ALL THESE UPGRADES?
YOU LEAVE YOUR COMPUTER OPEN AND SEE THEIR UPGRADES START TO POP UP, I BELIEVE THEY SPAMMING OUR DATA, IS ALWAYS A WASTE OF TIME, ANGER AND EVEN MY COMPUTER SCREEN LOOK DIFFERENT FROM TIME TO TIME, LIKE I SEE WRITING IN CODES.
I HATE WINDOWS 10
HOW CAN I SUE THEM OR ENTER MY NAME IN A STELLMENT IF IS THERE?
I PLAN TO SUE MICROSOFT AS WELL,I THINK THEY ARE A SPAM AND SPYING US.
HOW I CAN SUE THEM.
I HAD TO BUY SEVERAL COMPUTERS AFTER ALL THGE NETWORK ADAPTERS FAILED DUE TO THE WINDOWS 10 UPDATE, PLEASE KEEP ME INFORMED
[email protected]
I PLAN TO SUE MICROSOFT AS WELLL I SPENT OVER 93 HOURS OVER MONTHS WITH ALL TYPES OF MICROSOFT TECH TRYING TO FIX MY LAPTOP AND THEY WERE NIOT ABLE TO.
When is this happening because I had to buy another computer due to this.
When is this happening. This happened to me and I had to buy another computer.
Please add me ASAP!
Agreed! How do we become included?!