Microsoft Sued Over Vista To XP 'Downgrade Fee'

Dennis Faas's picture

According to reports, a Los Angeles woman is suing Microsoft because she was charged an extra $59.25 to downgrade the operating system of her new Lenovo laptop from Windows Vista Business to Windows XP.

Emma Alvarado filed the lawsuit in U.S. District Court in Seattle. She reasons that Microsoft has used its market power to take advantage of consumer demand for the Windows XP, requiring consumers to purchase computers pre-installed with the Vista operating system and to pay additional sums to downgrade. (Source:

The complaint goes on to say that most consumers prefer to purchase a new computer pre-installed with the Windows XP operating system, and alleges that extensions granted by Microsoft on the XP downgrade option are likely due to the tremendous profits Microsoft has reaped.

The term "monopoly" is frequently used throughout the filing.

Alvarado states that consumers have encountered numerous problems using the Vista operating system, which have been widely publicized in various media outlets. (Source PDF: Seattle Times)

Alvarado's lawsuit alleges that Microsoft violated the Washington Unfair Business Practices Act, the Washington Consumer Protection Act, and the Washington Business Practices Act and will seek triple damages to be determined at trial.

The lawsuit seeks class-action status.

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