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Microsoft is facing more legal complaints following buggy Windows 10 upgrades

It looks like Microsoft is facing more lawsuits over the rollout of Windows 10 as this week, three new complaints have appeared at the Chicago District Court. These new complaints claim that Microsoft “failed to exercise reasonable care” when pushing out the Windows 10 update, which caused data to be lost.

The complaint was obtained by The Register and says that Microsoft should have warned users about the risks of upgrading due to the amount of bugs present in Windows 10. Right now, the lawyers involved are hoping to get class-action status for this lawsuit, which would open it up to any US citizen wanting to jump on board- as long as they upgraded to Windows 10 from Windows 7. Windows 8.1 is not included in this complaint.

This is not the first time that Microsoft has faced legal action over its rollout of Windows 10. Last year, a US business owner sued Microsoft after the Windows 10 upgrade activated itself overnight, causing downtime for the business and loss of sales. She was awarded $10,000 for the trouble.

KitGuru Says: Microsoft's Windows 10 upgrade scheme has been criticised time and again but it seems that now it could cause some real headaches for the company with more lawsuits popping up. Did any of you encounter issues with the Windows 10 upgrade when it first started rolling out? I remember having some issues with the upgrade but after doing a clean installation, things seemed fine for me. 

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6 comments

  1. upgraded one, fresh installed on another

    small ram leak on the upgraded pc, but was solved last november

  2. Yes I have seen problems going from either win 7 or 8 from time to time on my customers systems. But never a data loss unless you choose a fresh install of coarse then yes but MS clearly tells you that you will lose your data if you go full wipe mode. Also how is it Microsoft’s problem if a users system has malware or viruses on it. It is up to the user to either run the cleaning system that should be installed or bring the system to someone like me to do it for them if they feel uncomfortable doing it themselves.

    I see no merit to these cases and I hope the judge throws it out of court. I am no Microsoft lover but when I see slow thinkers like these suing a big company for money all I think is they are thinking of just how much they can cash in on this.

  3. 100% disk usage , it is a bug.

  4. I’ve seen Win 10 upgrades work well in most cases but turn bad in some. Personally, my laptop went through a bit of hell before finally becoming stable and now great on Win 10.

    The process was buggy in that the download time tended to be very long and hanged a couple of times even on overnight jobs. Not forgetting driver issues and BSOD on devices despite the compatibility test saying that they were compatible.

    The real complaint was that a lot of users did not have a choice and was upgraded inadvertently without their knowledge. The Microsoft guys who made that call ought to be shot. They are facing the music rightly now.

  5. I will give you that MS should not have made it a forced upgrade in the last few months. I had a lot of customer come in and say I left my computer on for a few hours when going out and came back to a different OS. It was things like that made people upset because the choice was taken form them to change to Windows 10 and it made them feel maybe a bit violated I guess. So yes that was very wrong on MS’s part they should have never just did the upgrade without getting the users permission first.

    For what it is worth with all of the vast hardware out there and problems a lot of systems have with out dated drivers or even viruses and malware installed and running for the most part the upgrades went well for most people. But yes there were also a lot of bad upgrades as well because of problems in some systems whether it is hardware or driver issues or even the Anti virus or out right viruses it was these systems that had the misfortune of getting trashed when the updater tried to do the upgrade and those are the ones we all would hear about on the web sites or for me personally when they would be brought in for me to fix and get things working again.

    I did a lot of down grades also for those that just wanted their old OS back because that is what they wanted. My own upgrades all went smoothly because I checked for malware and viruses just to be safe on my own systems and made sure my Anti virus was turned off or uninstalled and updated all drivers to the latest versions and things would just work then when upgrading. But for those that did not have the choice and it just happened they did not have the chance to prep the system it just happened. Then again the common user would not have known to do these things anyway if given the chance they would have just clicked yes or no when given the choice to upgrade.

  6. Ray Jimmy Newton

    “Microsoft changed I swear”