Three angry Windows 10 users have filed a lawsuit against Microsoft over botched Windows 10 upgrades, which plaintiffs claim destroyed their data, damaged computers, and incurred lost time and money.
In their complaint, the three accuse Microsoft of launching a product (Windows 10) that was not "fit for the ordinary purposes for which such goods are used," and not "adequately contained, packaged, and labeled as the agreement may require."
Their case revolves around the problems that voluntary, and sometimes forced, Windows 10 upgrades caused customers.
The personal experiences of each of the three plaintiffs stand as evidence. The three are now seeking class-action status, alleging Microsoft's Windows 10 rollout affected users all over the US, not only themselves.
For example, plaintiff Watson says Microsoft forced her computer to upgrade to Windows 10, without her specific consent. As a result of a faulty upgrade she lost data, some of which was related to her job.
She also says she hired experts from Geek Squad to recover some of her data, and in the end, she had to purchase a new computer to replace her older machine.
The second plaintiff says he knowingly accepted the free Windows 10 upgrade, but "existing software and applications loaded on the computer ceased functioning."
He also lost time and money trying to recover data lost during the free Windows 10 upgrade.
The third, plaintiff Goldberg, says he finally accepted to upgrade to Windows 10 after seeing and declining daily reminders for over six months.
The upgrade didn't go as the plaintiff expected, as his Windows 10 download stalled three times, and he eventually had to ask for professional help to restore his PC to working order. He too lost time and money because of the failed Windows 10 upgrade.
The three say Microsoft did not provide adequate warnings before customers started the Windows 10 upgrade process, such as "the fact that consumers should back up their data before the download was commenced, the fact that the operating system might render their computers or particular programs on their computers unuseable, or the fact that the download might cause them to lose data."
Plaintiffs also allege that Microsoft was aware "of the fact that its Windows 10 operating system upgrade could cause loss of data or damage to hardware."
Plaintiffs are looking for damages, attorney's fees, litigation expenses, and other reliefs the court would seem fit.