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Microsoft is being sued over Windows 10 damaging user data
Microsoft has been sued in the United States by three users who claim the free operating system upgrade damaged personal data on their computers.
The lawsuit was filed at the US District Court in Chicago.
It classifies Windows 10 as a defective product and alleges that Microsoft failed to provide users with enough warning about the potential risks posed by its installation.
According to the International Business Times, the legal team is looking into the possibility of certifying it as a class-action lawsuit.
The legal team would have to prove that more users in the US who installed the complimentary software upgrade from Windows 7 suffered either data loss or damage.
Microsoft has dismissed the claims.
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The Redmond technology company issued a statement to The Register, writing: "The Windows 10 free upgrade program was a choice designed to help people take advantage of the most secure, and most productive Windows.
"Customers had the option not to upgrade to Windows 10."
However the complaint claims users were forced multiple times to upgrade their operating system, however Microsoft says these claims are without merit.
It added, "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."
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Users have claimed the upgrade to Windows 10 destroyed personal data and damaged their computers
The news comes as the next major operating system upgrade to Windows 10 – dubbed Creators Update – will roll-out in stages to avoid server strain.
This means that not everyone will be able to download the update on the first day of availability.
However users keen to upgrade on day one of the release will now be able to thanks to a brand new Microsoft tool.
A new version of Microsoft’s Windows 10 Update Assistant will soon be available to allow users to download and use to upgrade to the Creators Update.
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The service is similar to the version released by Microsoft last year for the Windows 10 Anniversary Update, helping walk users through the process of downloading and installing the upgrade.
First spotted by Microsoft leakster WalkingCat and reported by MSPowerUser, the new tool is not yet operational, but the fact it has been discovered means Creators Update can’t be far away.
Some lucky users are already able to access Windows 10 Creators Update, after Microsoft began advertising the download for the first time.