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Windows 10 Destroyed Hard Drives And Deleted Data, Claims Lawsuit

PC users sue for millions.

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More than 100 PC users in Illinois are suing Microsoft for over $5 million. They say they were pushed or forced into upgrading to Windows 10 by the company's aggressive marketing, and claim that upgrading damaged their computers.

Windows 10 was offered as a free update for a year after its release in July 2015. The class-action lawsuit claims many users had their hard drives damaged after agreeing to install the upgrade.

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“Allegedly the Windows 10 installer genie checks the consumer’s computer for compatibility; it does not, however, check the condition of the PC and whether or not the hard drive can withstand the stress of the Windows 10 installation,” reads the complaint, which was filed in Chicago last week.

One of the plaintiffs, Stephanie Watson, claims Windows 10 installed without her consent. She says she took her PC to Geek Squad, which was unable to fix her computer after the upgrade destroyed some of her data, reports Courthouse News.

Another of the plaintiffs, Robert Saiger, says he agreed to the upgrade but that Windows 10 stopped some of his software from working and caused data loss. The third plaintiff named in the suit, Howard Goldberg, claims he accepted the upgrade after repeatedly declining it for six months. He says the download failed over and over, damaging his computer. He blames the failed upgrade for lost data, lost revenue, and costs to repair his PC.

In a statement shared with Courthouse News, a Microsoft spokesperson said, "We believe the plaintiffs' claims are without merit." Microsoft went on to defend the free upgrade, calling it "a choice designed to help people take advantage of the most secure, and most productive Windows." It added that customers had the option to refuse the upgrade, as well 31 days to roll back to their old operating system after accepting the update.

Last year, Microsoft awarded a California travel agent $10,000 in small-claims court after she claimed Windows 10 upgraded without her consent, damaging her computer and causing her lost business. Microsoft appealed the decision at first but later dropped the appeal to "avoid the expense of further litigation," according to a Microsoft spokesperson.

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Celsius765

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The free install of W10 was a bug riddle piece of shit I won't deny. It kept disabling my speakers when I'd plug in headphones and wouldn't turn them back on till after I uninstalled and reinstalled the sound driver. For awhile it didn't recognize my printer. When I first installed it, it deleted my main profile with all my files and left me the useless one I had set up to try the password feature of windows. They've ironed out most of the bugs accept for one. When I plug in my headphones any video be it youtube or a dvd will suddenly have its audio sped up

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Isariamkia

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Edited By Isariamkia

OH what a coincidence, my car has finished fuel, I'm sure that's because I installed Win10 2 years ago, I will sue them, those bastards.

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LTJohnnyRico

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Win10 burnt my toast and made my fridge explode .. I wan't $15,000,000.00 !!

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m_nay2008

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@ltjohnnyrico: lol

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LTJohnnyRico

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This has to be news from MericaLand !! Its someone else's fault that your HD was on the way out and couldn't handle an installation ??

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Silver17

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@ltjohnnyrico:

Bro, I've seen hardware go bad during one of my thousands of updates, it happens.

Heck I saw a client's PC one time (less than a year old) start making clicking noises halfway through an update. I just sunk my head cuz I knew what was coming next... :(

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LTJohnnyRico

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@Silver17: And thats why we back up !

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Silver17

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Edited By Silver17

@ltjohnnyrico:

OK.. So somebody backs up, and either the update or the rollback fails, how is that backup gonna get them back online when the average person doesn't know how to do a wipe/reinstall?

Sure it's gonna make the process less painful AFTER they get reinstalled, but it's not gonna fix the problem that they needed to find or needed to "pay" someone to get reinstalled and online...

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LTJohnnyRico

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@Silver17: I have 2 computers one runs win10 the other doesn't I back up my data for both, that being said I have never had an update damage my hardware ! People can't just blame someone else if their hardware is poor !

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Antarte

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Edited By Antarte

I think physical damage is close to impossible. The problem here is the upgrade, never upgrade an OS, install from scratch. It is a lot more work but you will be on that system for years, it deserves a little dedication.

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BDRTFM

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@Antarte: Yup, a clean install is always the best option. Of course that takes extra work and the average user is lazy when it comes to little things like protecting their work and life long collection of family photos and such. Backing up your data should be done weekly at minimum. But if you don't back up your data before upgrading to a new OS, don't complain and blame your data loss on Microsoft if something goes wrong.

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Celsius765

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@Antarte: that explains why it was so shit on my laptop. Then again my laptop is weak and a bit dated. Your average pc user should probaby be packing 8 gb of ram, an HD screen, and an atleast half decent if not up to date graphics card

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Silver17

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Edited By Silver17

@Antarte:

What about the people that updated, but either their computer was crawling afterwards, or "something" went wrong when they tried doing a rollback on perfectly good hardware, but their HD is a soft brick because MS messed up on the roll back?

There's a lot of people that paid out of pocket to have somebody do a reinstall for them. I'm not saying that's worth 5 million lol, but IMO that's still unfair to them...

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ItchyIsVegeta

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Edited By ItchyIsVegeta

Don't know about physical damage to computers, but it has definitely cost companies millions. $5 million is much too low to ask for, if you ask me.

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BDRTFM

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Edited By BDRTFM

Idiots. If your hard drive fails while installing Windows 10, it was on its way out anyway. It's called coincidence that it happened to fail while Windows 10 was installing. So the lady whose hard drive failed is SOL. As far as the other people go, they accepted the installation and the terms and conditions for that installation. Good luck with that one guys. I've installed Windows 10 on hundreds of systems. Never lost a single file or had damage to any hardware.

Also, back up your sh1t.

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Silver17

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@bdrtfm:

Agree about the backup, but updates IMO should never be forced.


People should have the right to update manually, or have a pop-up to where they agree to such update.

^ That wasn't the case with Win10...

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BDRTFM

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@Silver17: That's the biggest complaint about Windows 10, the lack of control over updates. But when I have someone bring in a system to work on and I see they haven't bothered with updates in months to years, I can see why Microsoft wanted to make sure people updated security updates. It still should be optional but, I've had plenty of people have problems with their system simply because they refused to run updates. Hehe, I remember back in the day someone called me about their Windows 2000 system saying they were having all kinds of problems. I told them I'd send someone over. A while later they called back and said everything was working fine now. He said, all he did was install service pack 3. I had to chuckle at that. That's like saying, look my car can turn over now and all I did was install a starter.

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Silver17

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Edited By Silver17

@bdrtfm:

I've been working on computers for decades. I can only imagine what would happen to me if I updated someone's hardware without asking them first. Actually I don't need to imagine, I'd be fired.

Microsoft should have kept the Win10 update to an occasional popup, plain and simple. As much as I like Microsoft, I can't defend them on this...

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BDRTFM

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@Silver17: I'm not defending them on it either. I'm just saying in these particular cases, the woman cannot blame Microsoft for her hardware failure. Windows 10 is an OS, not a piece of electronics, it's install process cannot break a good working hard drive. And the other people weren't duped into installing W10. They were asked to and they said OK and accepted the agreement. And, again, I have installed W10 hundreds of times and have never had a system suffer data loss so, not sure what happened to cause this for these people. Probably an ID10T error. There are lots of things a person can do to F up an OS installation and then turn around and blame it on the OS itself. I've had Windows 10 installation failures but it always managed to revert back to the original state so, these are either exceptions in which case a class action is unwarranted or they did something to interrupt the installation. If W10 installations had a large enough failure rate to warrant a class action, I would have gotten frequent calls with such problems.

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Silver17

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Edited By Silver17

@bdrtfm:

"Windows 10 is an OS, not a piece of electronics, it's install process cannot break a good working hard drive."

^ That can be debated. What about people that after they updated don't have device drivers for their hardware - including on board hardware? Sure it's probably time to get new hardware, but MS still gave the green light without their permission. (I know you said "drive" but I'm taking that as "hardware across the board")

"There are lots of things a person can do to F up an OS installation and then turn around and blame it on the OS itself."

^ OK, but this was an update that didn't ask for people's permission. If somebody did this on their own, then I wouldn't care, but most of this went down in the middle of the night while they were sleeping.

Finally, please understand that I'm "still" a little salty about all of this. That update last year couldn't have come at a worse time for me. After it went down, my phone lit up like a Christmas tree from friends and family, and everyone just expected me to drop everything to help them.

All of that could have been avoid, if Microsoft would have used some common sense...

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BDRTFM

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Edited By BDRTFM

@Silver17: Not being compatible and not having drivers is far different than breaking something. Sure they are both unusable by the OS but one is damaged, the other is just out dated and unsupported. And I was referring to the people in the article who did do it willingly. They said they accepted the update. Like I said I'm not defending what they did, I'm just saying these particular cases are not worthy of a lawsuit because installing W10 did not break her HDD, I assure you. And the other people chose to update and accepted the terms. Was Microsoft d1cks for doing it? Definitely. But, I can't see them losing this particular case. There is no way this woman can prove installing W10 broke her HDD. And the others accepted the risks of the upgrade.

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Silver17

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Edited By Silver17

@bdrtfm:

"But, I can't see them losing this particular case. There is no way this woman can prove installing W10 broke her HDD. And the others accepted the risks of the upgrade."

^ Here's the thing, they've already been sued and lost over this...

https://www.extremetech.com/computing/230794-woman-wins-10000-judgment-against-microsoft-for-forced-windows-10-upgrade

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UFOLoche

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"It added that customers had the option to refuse the upgrade, as well 31 days to roll back to their old operating system after accepting the update."

You can't really roll back hardware being damaged, or if data is deleted, I don't think it rolls back that, either. It also pestered you every day to update unless you went into the registry and changed some things, which made it a very annoying thing.

Hell, I LIKE Windows 10 and I think they're in the wrong here.

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Silver17

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I've been a Microsoft fanboy since DOS. (with the exception of a couple of Operating Systems here and there)


IMO, what Microsoft did with Windows 10 being a forced Windows Update was flat out wrong.

NOBODY in the "real world" does an upgrade to people's hardware without asking their permission, and making sure they have the compatible hardware first. That's just common sense.


I've used Windows 10. I'm not a fan, and I've blocked the updates. However, I've also had a lot of p***ed off people calling me last summer telling me they didn't want Win10, or something with the update broke their machine.

I know that Microsoft wants to stay at 10 forever, but I think at some point they are gonna break and go back to traditional OS releases. Why? Simple, it's too confusing for the average person to know what hardware requirements they need if Microsoft makes a big update change (like say the UI). Microsoft is just asking for more and more lawsuits like this going down this road. Even techs are upset not knowing "where in 10" they need to roll back to when fixing PCs.

^ You can get away with doing that stuff with say phones, because people get bored with their phones and want something new, but you can't use that same model with say PC's and laptops... JMO

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mari3k

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so what ? complainers can install linux when they are unhappy with windows.. lol

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Dark_Mits

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A lot of problems with upgrading is that noone cares enough to make a proper backup of their files at regular intervals, because they all think: "My device works fine now, it will work fine afterwards too".

With millions of possible hardware configurations, and quadrillions of possible software combinations installed and set up to work in a specific way, upgrading software can and will cause trouble to an outlier. While Microsoft is responsible for pushing software that isn't 100% foolproof, the end user is also responsible for not taking precautions with their personal data.

And as a user who uses Windows only and only because it is pretty much required for gaming, after 1,5 years of using Win10, I simply can't stand Win7 now. It feels archaic and slow.

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Silver17

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@Dark_Mits:

"A lot of problems with upgrading is that noone cares enough to make a proper backup of their files at regular intervals, because they all think: "My device works fine now, it will work fine afterwards too"."

^ The average person doesn't know (and does not care) how to do this stuff.

Listen, I've had this conversation already with many people. They get bored 5-10 min in, (not by me) but because of the subject matter.

You can get people to save their Word and Excel projects, but "full hard drive back-ups" (even to a portable HDD) are literally a lost cause...

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Dark_Mits

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@Silver17: I've had it too and I know how it is. They believe that the PC is a tool like the television when in fact it's like a car. Meaning that if you cannot take care of it yourself, you take it to someone else (routine maintenance, servicing, parts changing, washing etc.).

And I'm also surprised by the amount of people who know how to do everything complex through social media but cannot understand what Ctrl+C / Ctrl+V does.

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Isariamkia

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@Dark_Mits: Yeah, your last part is what I can't understand...

My mom has worked for a company for at least 20 years, she worked and still works with computer, she went through the old Windows when I wasn't even born, and today she still needs my help to copy things... When I tell her just copy from that to there, she looks at me like I'm an alien : "What ? You mean I have to do that and that ?" and she doesn't do what I told her... But she works every day with a computer, that I don't understand, it makes me crazy.

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Silver17

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@Dark_Mits:

Exactly... :)

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deactivated-5a26032528a9b

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Running never10 was the best decision I ever made.

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Iamkalell

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MS practically forced this upgrade on people (and in some cases flat out did) so if it caused these people problems MS is responsible. I would remove any plaintiffs that willingly upgraded though as there was almost certainly something in the agreement that said MS wasn't responsible for issues caused by the upgrade. That could cause them problems in court.

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XxAK47xX

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I lost 2 computers to windows 10 upgrade.

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pyro1245

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Edited By pyro1245

Yeah Windows 7 did a lot of that too.

Shit happens. Make a backup.

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Silver17

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@pyro1245:

You're completely missing the point. Windows 10 was a forced upgrade.

Waking up one day last summer and finding my PC on Windows 10, and hoping that the rollback goes smooth, is not right.

If "you" decide to manually update your PC with an OS, OK that's on you. However NOBODY does an update in the real world, without asking somebody's permission first... (and countdown timers doesn't count in this situation)

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HaCkEr_Fc

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Edited By HaCkEr_Fc

@Silver17: you know you can make applications backwards compatibility on every Windows OS by right clicking the mouse on the app and going into properties?

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Silver17

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@hacker_fc:

1 - That doesn't relate to this article.

2 - That doesn't always work...

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pyro1245

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@Silver17: In my defense: I only read the title of the article :)

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Silver17

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Edited By Silver17

@pyro1245:

Props for you being honest... :)

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Jarten

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My sister's laptop basically forced Win10 on her as one of the automatic system updates. After it had done it a number of the apps she had on there wouldn't work anymore afterwards. And of course it was months later when she finally told me about it because she had been so occupied with her job, and by then she couldn't revert back to the previous version. She says she hates it and liked the Windows 8 UI. I have no clue how she could like that setup, I couldn't even do anything in it when I had tried it before. To each their own I guess.

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Jinzo_111887

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@Jarten: Do her a favor and look into disabling Cortana (waste of resources in my opinion) and install Classic Shell (it might not be the Windows 8 start screen but it is an improvement to Windows 10 Start menu). There's plenty of free and open source alternatives you can use to help make the OS feel less like Windows 10 and more like a better OS.

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deactivated-64efdf49333c4

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Huh. This is a thing? Really? Win 10 sucks for many reasons, but I've never heard of this. Well, Win 7 and 8.1 will still be supported for a few more years.

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Louis

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Microsoft was way too aggressive in pushing everyone to Windows 10. Turned off many. Though how many were mad enough to go buy Apple computers... I don't know. Probably so small that in the end Microsoft wins again. :-(

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Jinzo_111887

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@Louis: I installed Linux on my old PCs when I get rid of them, so technically, I did my part in keeping the Windows 10 install base lower than it should be. And some of their crappy policies are the reason why I do it.

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Nabinator

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Edited By Nabinator

Windows 10 fucked up my work computers too. Nothing in regards to data loss, we back up via dropbox and the like. But it still screwed up our PCs, things went haywire for a while. It seems they're back to normal now.

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