Microsoft Facing $5 Million Class Action Suit Over Windows 10 Installs

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Santa Clara, CA: A consumer fraud class action lawsuit has been filed against Microsoft alleging its Windows 10 operating system (OS) causes problems, including loss of data, and that Microsoft failed to ensure the operating system wouldn’t cause problems prior to launch.

The three named plaintiffs, Stephanie Watson, Robert Saiger, and Howard Goldberg, allege in the complaint that Windows 10 caused their computers to lose data and stop functioning properly. While Saiger and Goldberg said they voluntarily installed the new OS, Watson claimed her computer was upgraded to Windows 10 without her permission.

Windows 10 was released in July 2015 as a free upgrade for one year to Microsoft users running previous versions of the company's operating system. Currently installed on more than 400 million devices, Microsoft promoted the cloud-focused platform as its most advanced and secure OS to date. However, since the launch, many customers have complained about the company's aggressive efforts to get people to upgrade.

The lawsuit further claims that the prompts and upgrade offers for Windows 10 sent out by Microsoft were difficult to dismiss and remove and, once installed, the operating system itself was not easy to uninstall, if users found the upgrade caused problems.

"A great number of people have installed the Windows 10 system inadvertently or without full realization of the extent of the download," the complaint stated. "Once downloaded, the Windows 10 system does not have an option for its deletion. The program can be deleted but it takes a significant effort to find out how to do so; a typical user will not have the expertise to remove the system without professional IT help."

The suit alleges that the plaintiffs have lost time and money trying to recover lost data and resolve other problems caused by the upgrade. Further, Watson alleges she had to buy a new computer because her old one could not be successfully repaired following the Windows 10 install.

Filed in the U.S. District Court for the Northern District of Illinois, the complaint is seeking in excess of $5 million in damages. The suit seeks to represent a class comprised of all users in the US who lost data or whose devices were damaged after installing Windows 10.

Plaintiffs are represented by the Chicago law firm of Edelman, Combs, Latturner & Goodwin.

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Reader Comments

Posted by
no such thing as privacy
on
Microsoft is just wheeling back from a massive security risk, turns out some credible sources have confirmed that this so called security issue's they claim they are protecting you from is bogus; wannacry was not an accident. They are desperately trying to remove as much possible liability and evidence as possible from millions of pc's quickly, Frankly indictments of conspiracy at the levels they have found they will definitely prefer to lose all of their customers rather than getting caught and possibly starting a civil war and at best getting life sentences.

Posted by
WIN7FTW!!!
on
Windows 10 = mediocore at its best

WINDOWS7 FOR THE F*CKING WIN!!!

Posted by
IT Guy
on
I will be filing my own lawsuit as the creators update which is now been forced on my 5 systems has costs me thousands of dollars as the software I need doesn't work and crashes. I told the installer several times, DO NOT UPDATE. It did it every day until I finally gave up trying to roll it back. MICROSOFT WILL PAY FOR THIS. I guarantee you. 35 year IT guy here and I have never seen such blatant disregard for Windows users. I also run a company of over 5000 computers. We are on windows 7 and will not move to windows 10. If they stop supporting it, then I will file another lawsuit which has the backing of a multi billion dollar company. MICROSOFT, YOU HAVE LOST IT!

Posted by
Chuck
on
I use an animation program to create videos, which is my main source of income. The Windows 10 update last month sets all my file folders to "read only". When I change that setting, they automatically return to read only. This setting prevents my animations program from creating any files. It crashed any time a try. I did some research and I'm not the only person with this problem It has something to do with Cloud, which I don't even want. The latest update forces you to have it and it can't be removed. If you disable it, the "read only" features still persist. I purchased a PC, not an I-phone. I don't want the damn Cloud as I back up my files myself. I've been loosing money every day since this update. Would love to get in on this lawsuit.

Posted by
Joseph Reece
on
They need to be sued for no longer being able to access a ton of digital media I purchased

Posted by
Sherry and William Howry
on
After literally being FORCED (by Microsoft) to change to Windows 10 from XP-Pro (which I loved and which worked exceptionally well for what I was doing) I have suffered continual frustration, as well as loosing data (translate that to INCOME since I am self-employed doing occasional free-lance work from home ON MY COMPUTER). Though far from being the only problem I encountered, the worst problem is that when I plug my older flash drives (documents and photos saved from my phone or from my XP-pro system) into the computer after the update the damned system refuses to read them and wants to reformat the flash drives. The first one I plugged in I did not realize that reformatting the drive would literally ERASE all the info it contained. I lost portions of 3 different books I was working on, hundreds of photos (many of them irreplaceable), 4 adult coloring books that were ready to be published and dozens of short stories that were not saved anywhere else. So to say I wish that whoever developed and then FORCED Windows 10 unto an unsuspecting public a slow, lingering fatal illness would be a massive understatement.

Posted by
Garry Braithwaite
on
I read in some of the Windows 10 propaganda that windows 10 is a service. After the so called 'creators' up date my computer would no longer connect to the internet. I had to pay someone to fix it for me.For me this is a disservice.

Posted by
M Cirello
on
Windows 10 Creator update locked my computer screen unless I updated. I manually turned off my computer and when I turned it back on the same notice was there. I could not delete it, the only option given was review and accept. Whether I wanted to accept or not.

I clicked 'Remind Me Late'r. 5Xs and the last time the screen locked me from using my computer for anything.

Posted by
Jennifer Gurley
on
My son used the update for windows 10 and his and my other sons profiles updated but my profile, ( I'm the admin ) got black screen and I have not found a way to fix this.

Posted by
Icephine Rollins
on
I had problems with Windows 10 it made my computer crash and I had to have it repaired because there were no drivers. I was forced by Microsoft to accept these upgrades they continuously sent messages to upgrade. My computer was fine before I upgraded to Window 10.

Posted by
Geri Marshall
on
I downloaded Windows 10 on my computer the computer started acting up badly. I tried to uninstall . Windows 10 but would not uninstall . I was so frustrated .
I thought it was my computer and needed to be repaired. I had called Microsoft they said I should not be having the problem if my computer was operating properly. I work from at home on my computer . So I made a decision to buy a new computer always wanted a all in one. I got computer home did not think much about it. This new computer has Windows 10. I experienced problems the same as on my old computer . The difference this new computer had a option to revert back to Windows 7. Problem solved 1500.00 dollars later.

Posted by
richard real
on
I use to be able to download anything really fast.but since window 10 has been installed, everything is super slow. sometime I have to restart my computer to get service.Too many problem with Microsoft window 10

Posted by
EM
on
Yes I will even stand as witness! I can't get any further updates. NOW Microsoft has informed me that any pictures will be frozen in 60 days unless I a) get new phone or b)buy storage for it at 10.99. They promised this when I first bought phone This whole phone deals is nonsense!

Posted by
Dave
on
Count me in. Win 10 sucks and slowed down my computer hard. Constant issues with back up not working, antivirus software crashing, memory issues although I have 16gb ram, performance issues, unexplained lockups, i.e. Crashes. The list goes on and on. Win 7 is awesome and stable.

Posted by
Patricia Payton
on
Include me, I have all the same Issues. Lost Data, CPU Issues, Memory Issues you name it I have it. I Purchased my Computer which Ran Window 8 when I bought it in 2015 a few Months later I had Window 10 to my surprise which I thought was a good thing, but right after that I started having Major Issues so I decided to take it back to Microsoft they had to keep if for a Month or so and when I finally got it back, they gave me the wrong Power card and no SD Card which I gave when they took it, had to go through a lot just to get the right Power Card and still Today not SD Card, but I have not used the Computer since Last Year because it stopped working. I got Ripped Off in more ways than one.

Posted by
Patricia Reisinger
on
I down loaded the new service when first come out. Microsoft said it was a up grade to give better performance, an this upgrade was free. So I did down load only to not understand this system, was difficult, an lost my actual email account to get into. Was a few days of searching to get back what I originally had upon my not even two year old computer. Took it back to the original factory condition with information I had before gone. Over all the upgrade was a headache, an my computer has since had issues. It still tries to get me to upgrade to this system which I deny every time. Please, include me, an please do not sell my email off! Thank You for your time.

Posted by
Samuel Aspley
on
After being continuously hounded by Microsoft to install Windows 10 even though I didn't want to install it on my Windows 7 laptop because Lenovo had advised against the upgrade due to incompatibility issues, Microsoft automatically installed it without my permission anyway during one of their routine automatic updates. After Windows 10 had finally been installed, my laptop is now Dead on Arrival, it won't boot and I've got a blank screen, not even a cursor shows up.

After countless hours on the phone to Microsoft, my computer is still broken and they have been unable to come up with a fix. "They're basically washing their hands and trying to blame Lenovo.

The only way I can get my laptop to show any signs of life is by repeatedly holding down the enter key as it turns on which brings up the BIOS Setup Utility, but my laptop is still unresponsive to any changes, including any attempt to reset everything to their original default settings.

Posted by
Keith Gee
on
I had problems with Windows 8.1 It crashed and I couldn't repair because there were no drivers for 8.1 the drivers only worked for Window 7. Had to reformat and reinstall back to 7.

I refuse to install 10 because my Laptop is too old and I'm pissed that an operating system upgrade will force me to discard ALL that I own computer wise and buy new just so I can run Windows 10.

Posted by
Melissa Walther
on
I cant even begin to count how many documents & passages that I've lost after installing windows 10. Hours worth of brain storming. Not to mention windows 10 ruined my Lenovo laptop after installing it would continuesly freeze & I'd have to hard reset & then poof my document would be gone.

Posted by
Elsie Sheely
on
Yes include me! I am having performance issues on desktop in spite of Norton safeguards. I am forced by Microsoft to accept these upgrades and am constantly coping with annoying excessive CPU usage. I have virtually no downloads of pics, documents on computer at all. And when I tried uninstalling, I get the same message. I do not need all that crap on my computer and it just caused more slow down problems. COM Surrogate is a usage hog! I cannot afford another computer, and limp along with this one.

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