Okay, reading the article and based on what it says, I can't see any recoverable damages.
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“Allegedly the Windows 10 installer genie checks the consumer’s computer for compatibility; it does not, however, check the condition of the PC and whether or not the hard drive can withstand the stress of the Windows 10 installation,”
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There is no way to check "the condition of the PC" other than it works or doesn't work. Testing condition of the components is just not possible to a non-wizard with heavy-duty spells. Hard drives have SMART, but that does very little to tell you the health of the hard drive. Also there is no more "stress" to a hard drive from installing Windows than there is from installing Silent Hunter 4. This is a frivolous complaint that won't see the light of a courtroom.
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Another of the plaintiffs, Robert Saiger, says he agreed to the upgrade but that Windows 10 stopped some of his software from working and caused data loss.
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Whenever Windows updates, even if you are not changing versions there is a chance to break installed software. I lost my commercial storage business software when Windows XP updated in June of 2012. The software company was out of business. I had to buy new software for $3000 to fix it. Upgrades break things. That is just a fact of life, not an actionable offense.
Finally the last specific complaint in the article
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He says the download failed over and over, damaging his computer. He blames the failed upgrade for lost data, lost revenue, and costs to repair his PC.
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There are just too many possible causes of the download failing. The upgrade program, on failure, reset everything to the way it was before the upgrade before exitiing. I saw this work correctly several times myself.
However, if the download failed no changes would be made to his computer at all! The update program only begins execution after it is finished downloading and has been checked for defects and completion.
This guy has an impossible job ahead trying to prove that as part of the upgrade process, Windows 10 install deleted data files. The install routine does not format your disk or delete any files there outside Windows operating system files.
Finally, taking Geek Squad's word for ANYTHING is the height of foolishness. I just spent half an hour explaining to a customer that cloning his hard drive would, after he switched drives, result in all programs, settings, preferences, bookmarks, shortcuts, EVERYTHING working just as it did on the original hard drive. In fact, the computer would not even be aware that a switch had been made. It is possible that Windows re-registration would be necessary. That takes several seconds.
And backing up business computers is just required. If he's running a business computer without a backup there's nothing he can do to save himself.
And, as you can see in my post above, even if a judge feels sympathy for the little guy against the corporate behemoth, all he can do is award the cost of a new copy of Windows.
In fact, in order to prevail, somebody will have to assemble an actual case. There is no merit to this if the news report is complete.