Framed this way, I cant believe there is no class action lawsuit. I remember my mother in law said she was being asked to upgrade from 8.1. She said she didn't want to. I actually willingly installed win 10, and was across the country. She then called me one day and said "windows 10 installed anyway and I clicked the X to get out of it". At the time I just chalked it up to user error, but thanks MS, now I owe my mother in law an apology.
IANAL, but it looks like when you agree to the Microsoft TOS you waive your right to bring a Class Action suit against Microsoft
>Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties.
I believe that's why companies are taking MS to small claims for $10,000 despite losing way more than that in downtime.
SCOTUS seems to disagree with you[0][1]. I try to read or at least skim what I agree to. Some companies have an opt-out of their binding arbitration (eg. Ting), which I try to make use of, but most don't allow you to opt out of the class action waiver.
If you don't like the terms, email them and tell the company why you won't sign up. I rarely get a response, but someone on their staff knows there's at least some push back.
