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Upgrade 10 Class Action LawSuit

LisaCapaci started on
Is there an attorney or firm interested in pursuing a class action suit?  There are thousands of computers that have been rendered useless after being upgraded to Windows 10 through "automatic updates" and left with 1. no sound, 2. no operating screen time 3. no access (password issues) 3.  memory issues 4. lost files 5. unauthorized access by Microsoft. 
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CraigPyron replied on
windows 10 bricked both my laptop and desktop. i'm ready for the class action lawsuit.
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LilBro replied on
In my opinion, you may be able to do not only a civil action but also a possible criminal action under theft of services, vandalism, etc. I doubt you'll find any takers here, but if you check around on Google there may be some who've led actions in the past. Perhaps even the EFF?
Computers were easier when I could control everything without registry hacks, buried commands, etc.
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A. User replied on

I'm a member of the EFF, and everyone is pretty closed mouthed about W10, think they are waiting to see how things fall. Plus of course the ongoing human rights cases that will effect any litigation.  People ARE starting to wake up to the fact that they are so many dairy cattle being milked for their data, and are starting to demand a bit more value in return, if nothing else. 
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JimWynne replied on

Is there an attorney or firm interested in pursuing a class action suit?  There are thousands of computers that have been rendered useless after being upgraded to Windows 10 through "automatic updates" and left with 1. no sound, 2. no operating screen time 3. no access (password issues) 3.  memory issues 4. lost files 5. unauthorized access by Microsoft. 

If you read the licensing agreement you accepted when you installed Windows 10 you'll find that there is specific language regarding civil lawsuits (an arbitration clause) and class actions (which are barred).   There was no "unauthorized access"; you agreed to it by accepting the licensing agreement. 

Not a Microsoft employee; just here to help.
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ZephyrMourne replied on
LOL. Someone didnt read their EULA. Look, there are a lot of issues with the rollout, but there always are, and that's the price you pay for being an early adopter. And if you didnt have a recovery strategy in place before upgrading, that's hardly Microsoft's fault. 
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SLammers6158 replied on

Not true. I was not given the choice to forgo the "upgrade" and continue running W7. W10 automatically downloaded and put a pop up box in the middle of the screen with no provision to decline or even close the pop up. I even tried using task manager to close the pop up which did not work. This rendered the computer unusable. The only way to get rid of the box was to do the upgrade. During installation, my computer stalled at 91% complete and would go no further. My laptop is now a paperweight. 
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CraigPyron replied on

Microsoft was well aware (from years of experience) that some computers would be damaged by forcing updates and chose to do so anyway; as they no doubt calculated it would be a small percentage of the whole and they could get away with it. This was reckless and negligent with catastrophic consequences for some of us, whose devices were rendered incapable of normal recovery operations (like my laptop with endless 'inaccessible boot device' looping; and my desktop, whose usb drives were all disabled by a Win10 update). If companies could indemnify themselves against such negligence with their EULA, all of them would do so and there would be no accountability whatsoever. Microsoft is in serious trouble, with their core OS business in meltdown, and they may well discover that these desperate short term (pennywise) decisions turn out to be long term (pound) foolish; as it further damages their reputation and users’ confidence in them as a business. Too bad that we now apparently have to pay Apple prices to get reliable products, but that’s exactly what this former Windows fan will be doing.

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JimWynne replied on

Microsoft was well aware (from years of experience) that some computers would be damaged by forcing updates and chose to do so anyway; as they no doubt calculated it would be a small percentage of the whole and they could get away with it. This was reckless and negligent with catastrophic consequences for some of us, whose devices were rendered incapable of normal recovery operations (like my laptop with endless 'inaccessible boot device' looping; and my desktop, whose usb drives were all disabled by a Win10 update). If companies could indemnify themselves against such negligence with their EULA, all of them would do so and there would be no accountability whatsoever. Microsoft is in serious trouble, with their core OS business in meltdown, and they may well discover that these desperate short term (pennywise) decisions turn out to be long term (pound) foolish; as it further damages their reputation and users’ confidence in them as a business. Too bad that we now apparently have to pay Apple prices to get reliable products, but that’s exactly what this former Windows fan will be doing.

Do know what was "reckless and negligent"?  Your failure to be prepared by having a system image before you started.  It would have enabled you to revert to your previous setup in a short time.  

There will always be a small percentage of early upgraders who have problems and there is no way around that.  It's utterly impossible to account for all of the billions of combinations and permutations of local hardware, software, drivers and messed-up computers that could contribute to failure.   The vast majority of upgrades (more than 75,000,000 at this point) have been successful, and that's the only reasonable goal.

Not a Microsoft employee; just here to help.
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CraigPyron replied on

Microsoft has never made system imaging a part of its recommended recovery program; and your point about 'a small percentage of early upgraders who have problems ...' is the very reason they were negligent in forcing the updates (thanks for making my point). As for the 75m upgrades, Win10 is now trending slower than Win7, which was a paid upgrade -- not forced out and given away. Financial analysts have downgraded Microsoft stock because they can understand what serious trouble the company is in -- even if the tech community does not.
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JimWynne replied on

To say that "Microsoft has never made system imaging a part of its recommended recovery program..." is ludicrous.
You are entitled to your own opinions, but not your own facts,  especially with regard to Microsoft stock performance and the general trend of analyst opinions, which generally recommend buying now.

I personally think that Microsoft hasn't done enough to warn people of the possible difficulties in upgrading and how best to avoid them, but failure to have good backups before doing an in-place upgrade, and in view of the plethora of catastrophes that can happen, including hard drive failures and power surges, is simply user negligence.

Not a Microsoft employee; just here to help.
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