Microsoft Class Action Says Windows 10 Upgrade Damaged Hard Drives

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Microsoft Corporation is facing a class action lawsuit claiming the forced Windows 10 operating system upgrade destroyed consumers’ hard drive or caused the loss of data.

According to the Microsoft Windows class action lawsuit, Microsoft released the latest version of Windows 10 in July 2015 and offered all users a free upgrade.

Plaintiffs Stephanie Watson, Robert Saiger and Howard Goldberg allege that Microsoft aggressively advertised the free Windows 10 upgrade to users by causing a Windows 10 icon and popup reminders to appear on their computer screens.

The plaintiffs claim that the Windows 10 popup reminders would appear multiple times per day, providing the consumer with the option to either “Upgrade Now” or “Upgrade Tonight.” If the user does not want to select either of these options, he or she can click on an “X” to dismiss the popup.

However, even if the user clicks the “X,” the popup will appear again at some point during the day, the Windows 10 class action lawsuit states.

“The Windows 10 popups have no provision for their refusal or removal,” the Microsoft class action lawsuit says. Some users reportedly have sought professional IT help to prevent the annoying Windows 10 popups from appearing on their computer screens. Others have used the internet to find out how to remove the Windows 10 icon and stop the popups. However, these attempts were not always successful, according to the Windows 10 class action lawsuit.

“A great number of people have installed the Windows 10 system inadvertently or without full realization of the extent of the download,” the Microsoft class action lawsuit alleges. “Once downloaded, the Windows 10 system does not have an option for its deletion.”

Windows 10 is also capable of installing itself without the consumer taking any action, according to the Microsoft class action lawsuit.

Windows 10 can be deleted, but it is not easy to figure out how to do it, according to the Microsoft class action lawsuit. Most users will be unable to do it on their own and will need to seek assistance from an IT professional. The plaintiffs claim only about 10 percent of users are sufficiently computer-savvy to be able to figure out how to disable the popups or uninstall the Windows 10 upgrade.

“Also, a user only has 30 days to find out how to delete the Windows 10 application or else it becomes permanent,” the Windows 10 class action lawsuit states.

The plaintiffs claim that the Windows 10 installer does not check the computer system for compatibility before installing the operating system, and, as a result, many users have reportedly experienced hard drive failure or had their existing software rendered inoperable after Windows 10 was installed.

According to the Windows 10 class action lawsuit, many consumers have had to pay to replace or repair their computers after Windows 10 was installed. As a result, they have allegedly lost time and money and experienced significant aggravation as they attempted to recover their lost data.

The plaintiffs seek to represent themselves and a Class of all persons in the United States (except those in Louisiana and Puerto Rico) who had the Windows 10 upgrade installed on a computer that had Windows 7 or an earlier operating system, and who suffered loss of data or damage to their software or hardware within 30 days of installation.

The plaintiffs are represented by Daniel Edelman of Edelman Combs Latturner & Goodwin.

The Microsoft Windows 10 Class Action Lawsuit is Stephanie Watson, et al. v. Microsoft Corporation, Case No. 1:17-cv-02243, in the U.S. District Court for the Northern District of Illinois, Eastern Division.