Those of us that run a business know how important our laptops and desktop computers are to us. We rely on them on a daily basis to get work done and keep in contact with our clients. If you own a Windows 7 system, Microsoft has most likely asked you to update to Windows 10 several times. Many people continue to ignore the update simply because they do not want to learn a new interface or deal with all the new features of Windows 10. Teri Goldstein was in the same position. As a travel agent, Goldstein avoided upgrading to Windows 10 until the computer automatically updated one day. Goldstein said she never approved the upgrade. After the upgrade failed several times, her computer started crashing and nearly forced her to stop using the machine altogether.
Goldstein filed a claim against Microsoft in Small Claims Court arguing that the upgrade “crippled her work PC.” Goldstein said her problems with the computer began in August 2015 and she tried to work with Microsoft to resolve her issues. Not only did she spend countless hours on the phone with technical support representatives, Goldstein even visited a local Microsoft store for help. Nothing seemed to be helping. All this took place during Goldstein’s busiest booking season. Since she was not able to respond to client emails or answer their questions about bookings, her business suffered. When the busy season was over in December, she bought a new desktop PC to replace her crippled computer.
Goldstein estimated that she lost about $17,000 worth of business and additional expenses due to her PC. Although she repeatedly contacted Microsoft, she said the representatives were unable to help her. One representative even offered to pay her $150 to “go away.” Goldstein used this as proof of guilt in building her case against Microsoft. The Small Claims Court heard her case in March. While Goldstein came to court very prepared with all of her documents, Microsoft did not even bother to send an attorney. They sent an unprepared store representative. Goldstein based her claim on California’s UCC arguing that Microsoft’s forced upgrade led to lost wages. She won the case and was awarded $10,000. Microsoft originally said they would appeal, but ended up paying Goldstein the full amount one month later to avoid fees associated with further litigation.
Windows 7 users know that Microsoft has aggressively been pushing the update for months now. They started off by asking customers to “reserve” their copy of the new update, but later got more aggressive and automatically started updating certain PCs. More and more people are starting to complaint about the company’s tactics. The Electronic Frontier Foundation (EFF) is currently investigating Microsoft. Goldstein says she suffered from the update and urges other to speak up if they lost any money due it. Goldstein believes companies should not be allowed to push their products at the expense of small businesses. She provided her phone number and e-mail address in the link below for anyone interested in speaking to her about her case.
Source referenced: Computer World