It’s been nearly a year since Microsoft ended its free Windows 10 updade offer for Windows 7 and 8 users, but the company’s aggressive upgrade prompts could once again get it in hot waters. According to a new report from The Register, three people in Illinois are suing Microsoft over forced Windows 10 updates that ” destroyed their data and damaged their computers” (via Neowin). And this time, lawyers representing the three complainants will seek to have the case certified as a class action suit that includes every US consumer that encoutered data loss or damage within 30 days after upgrading.
As a reminder, Microsoft made headlines last summer after a Californian woman sued the company (and won) for $10,000 over a “forced” Windows 10 upgrade that made her PC unusable. This time, the attorneys want to demonstrate that the Redmond giant didn’t do enough to warn users that the upgrade could damage their PCs. “Microsoft failed to exercise reasonable care in designing, formulating, and manufacturing the Windows 10 upgrade and placing it into the stream of commerce,” says the complaint. “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.”
In an email to The Register, Microsoft pretty much dismissed these claims, explaining that Windows 7 and 8 users had the choice to refuse the update and even roll back to their old OS within 31 days of installation:
“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.”
Having lost a previous lawsuit about a similar case, this new complaint is obviously bad news for the company especially if it turns into a class-action in the US. Back in December, Microsoft’s Chief Marketing Office Chris Capossela acknowledged that the company’s aggressive push with Windows 10 updates was “clearly a lowlight for us.” Unfortunately, the company will still have to deal with the consequences this year.
