The complaint, filed in Chicago’s US District Court, claimed that Vole’s Windows 10’s installer was a defective product, and that its maker failed to provide adequate warning about the potential risks posed by Windows 10 installation.
The attorneys representing the trio are seeking to have the case certified as a class action that includes every person in the US who upgraded to Windows 10 from Windows 7 and suffered data loss or damage to software or hardware within 30 days of installation.
They claim there are hundreds or thousands of affected individuals.
Microsoft responded that they’d offered free customer service and other support options for “the upgrade experience,” adding “We believe the plaintiffs’ claims are without merit”.
The complaint argues Windows 10’s installer “does not check the condition of the PC and if the hard drive can withstand the stress of the Windows 10 installation”.
The lead plaintiff says her hard drive failed after Windows 10 installed without her express approval, and she had to buy a new computer.