Microsoft Facing Data Loss Lawsuit Over Windows 10 Upgrade

Microsoft caught a lot of flak for its heavy-handed upgrade policy following the release of its Windows 10 operating system in July 2015, which saw Windows 7 and 8.1 users subjected to nagware harassment, forced downloads, and misleading install windows, and now it could be facing a lawsuit over it. A filing in Illinois on behalf of three people – which may become a class-action lawsuit – alleges that Microsoft tricked them into installing Windows 10 on their Windows 7 or 8.1 systems, which then resulted in irrevocable data loss.

According to the lied complaint [PDF], Microsoft “failed to exercise reasonable care in designing, formulating, and manufacturing the Windows 10 upgrade and placing it into the stream of commerce,” adding that “[a]s 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.”

One alleged victim, Stephanie Watson, claims that Windows 10 installed itself on her PC without her consent and deleted both her personal and professional (job-related) data. She attempted to restore her previous operating system with the help of professional technical support, but was unsuccessful.

Microsoft doesn’t seem to be taking the lawsuit seriously, stating that the company did nothing to enforce Windows 10 upgrades on Windows 7 and 8.1 machines.

“The Windows 10 free upgrade program was a choice designed to help people take advantage of the most secure, and most productive Windows,” a Microsoft spokesperson told The Register. “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.”