Three users are taking Microsoft to court claiming that an update of Windows 10 destroyed their data as well as causing damage to their computers.
The company “failed to exercise reasonable care in designing, formulating, and manufacturing the Windows 10 upgrade and placing it into the stream of commerce,” the complaint filed in Chicago’s District Court alleges.
All the complainants claim that the update was defective and they were not properly warned about the potential dangers by the manufacturer.
“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,” the complaint reads.
Lawyers representing the three allege hundreds of thousands of users have been affected by the problem.
They have now sought to have the case certified as a class action suit. This would include every US person who carried out the software upgrade from Windows 7 and suffered data loss or damage within 30 days.
Another issue that was highlighted was with the upgrade process with claims that it “often installs itself without any action being taken by the consumer.”
Microsoft has dismissed the claims as “without merit.”
“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.”
This is not the first time a case has been brought against Microsoft regarding Windows 10 updates. In June 2016, a California woman won $10,000 after her PC was disabled when she installed a Windows 10 update.