Microsoft Class Action Alleges Windows 10 Upgrade is Spam A class action lawsuit was filed against Microsoft over the company’s alleged pushing of its free Windows 10 upgrade to its users.The complaint claims that some users were upgraded to Windows 10 without their real knowledge or permission, and that Microsoft failed to fully inform users of the upgrade or how to reverse it.“The Plaintiff’s Windows 10 marketing technique is reminiscent of the story line in science fiction films like Terminator which have a scenario where the computers start functioning autonomously,” the class action states.The lawsuit continues, “Microsoft’s intrusion on a user’s PC is not only an invasion of privacy but also represents a conversion of a person’s property.”The deceptive Windows 10 upgrade class action lawsuit sets out Microsoft’s recent advertising campaign for its new Windows 10 computer operating system started with the Windows icon it allegedly forced onto users computers, in the bottom right-hand corner of the screen.According to the complaint, clicking on that icon opened a pop-up window describing the “free upgrade” to Windows 10, and giving the options to “upgrade now” or “upgrade tonight.”The class action argues that unlike normal software updates, users were not given an option to disable the pop-up, and the upgrade icon typically required “professional IT help or searching the internet for procedures to remove the icon.”“A great number of people have installed the Windows 10 system inadvertently or without full realization of the extent of the download,” the complaint states.Moreover, the class action contends that once downloaded, Windows 10 was very hard to remove. Users only have 30 days to delete the new operating system and revert to their old one, and the class action argues that “less than 10% of users have the expertise to reverse the process or disengage the Windows 10 promotion.”The class action asserts that Microsoft’s heavy-handed promotion of Windows 10 violated federal laws against spam, junk faxes, unfair and deceptive trade practices, and anticompetitive acts.First, Microsoft violated the federal CAN-SPAM act by sending the electronic offer without an “unsubscribe” feature, and by failing to fully inform consumers of the potential negative effects of installing the new operating system, according to the complaint.Second, the class action asserts that the Windows 10 upgrade offer was in violation of the Junk Fax Prevention Act. The complaint argues that the Windows icon advertising the upgrade was unrequested, just like an unwanted fax.The complaint goes on to state that the Junk Fax Act allows penalties of $500 per occurrence, which can be tripled by the court if the violation was made “willfully” or “knowingly.”Third, the complaint alleges that Microsoft’s Windows 10 offer was unfair and deceptive, in violation of the laws of the Federal Trade Commission. The complaint argues that the “free offer” did not provide all details to consumers.Fourth, and finally, the class action contends that Microsoft violated antitrust laws by pushing its Windows 10 upgrade to keep its dominant place in the computer software market.Plaintiffs Ahmad Al Khafaji, Ahmad Abdulreda, and Robert Stahl state that they were Windows 7 users who were upgraded to Windows 10.The plaintiffs seek to represent all Windows 7 users, even though the user agreement with Microsoft prohibits class actions. They argue that those provisions of the user agreement are void due to the conduct of Microsoft.The plaintiffs are represented by Richard G. Chosid of the Law Office of Richard G. Chosid, Esq., PA.The Microsoft Deceptive Windows 10 Upgrade Spam Class Action Lawsuit is Ahmad Al Khafaji, et al. v. Microsoft Corporation, Case No. 0:16-cv-61763, in the U.S. District Court for the Southern District of Florida.
Funny, and I was glad they did a "free upgrade" this time instead of the pay-for upgrades in the past. While I agree it may have been too difficult for more than 10% of the population to reverse the upgrade, it is a solid operating system. I, for one, am glad I made the upgrade.
I have a personal disgust for class actions because the only ones who really get compensated are the attorneys. Each plaintiff will get a couple dollars ($500 is wishful thinking) and it's the attorneys who will pocket the 30% from the overall total.
I waited until the last minute to upgrade to 10, as I wanted to put it off as long as possible so I wouldn't have to deal with bugs and fixes. Days before the free offer expired, I ran every virus, malware, registry cleaner, file cleaner, etc program, to remove as much bloat that had accumulated as possible. I then manually went through folders and deleted files that I no longer needed/wanted. I ran the Win10 compatibility tool, though I was pretty sure my HP Pavillion Win 7 64-bit PC was probably OK. Ran Belarc Advisor and saved a copy of the results, so I would have a list of all product keys. Finally, I backed up everything on thumb drives. Lastly, I installed Win 10.
I have had a few issues that I simply had to use workarounds for. My digital camera won't automatically prompt me, when connected to the PC, to select a program to open my files. I have to go to Printers and Hardware, look for the camera, and click on the icon to access my files. I had to change a few things with the Photosmart printer, mostly had to do with the scanning function. The most irritating problem didn't have anything to do with Windows/Microsoft, but with Apple, who decided to NOT make a version of Quicktime compatible with Win 10. If you try installing/updating it, you get error messages. I found a workaround by searching, and I was able to download a version that would work, and followed the steps to use compatibility mode to get it to work. I can now access media files on CD-ROM that run on Quicktime.
While I am technologically savvy enough to mess with settings, and find alternatives, I pity the average non-tech savvy person who would have no idea where to start or go, along with being unfamiliar with a new interface. It didn't take long for me figure out where to find stuff in Win 10, that was different than Win 7. Finally, my DVD drive bay would not open, I found if I go into Device Manager and disable it, I can open the bay, then I just enable it again to use it. Same procedure to remove disc when done. I have no idea why it simply won't open normally, but at least I found a solution. I was dreading Win 10, a few annoyances here and there, but overall I haven't had major issues.
I wonder if this suit will get very far, especially with this point made in the article, "the user agreement with Microsoft prohibits class actions."
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