Update:
- In a joint notice filed July 12 in a California federal court, HP and a certified class of consumers reached a settlement in principle and are working to finalize the agreement.
- Consumers sued the printer company in 2020, alleging it pushed a software update to its printers to make them incompatible with other brands’ ink cartridges.
- They allege HP transmitted firmware updates without authorization to HP printers through the internet, with the first update pushed around Nov. 2020. These firmware updates reportedly act as malware, “adding, deleting or altering code, diminishing the capabilities of HP printers and rendering the competitors’ supply cartridges incompatible with HP printers,” the plaintiffs claim.
HP ink cartridge class action lawsuit overview:
- Who: HP Inc. is being sued by customers.
- Why: The customers allege HP pushed a firmware update that made its printers incompatible with other brands’ ink cartridges.
- Where: Nationwide
(Oct. 16, 2021)
A class action lawsuit alleging HP pushed a software update to its printers to make them incompatible with other brands’ ink cartridges can mostly go ahead, a judge has ruled.
A California federal judge ruled Oct. 15 that most of the class action allegations filed by printer owners against HP, Inc. could go ahead, throwing out only three of the claims.
The claims against HP were first filed in Dec. 2020. The plaintiffs allege that HP transmitted firmware updates without authorization to HP printers through the Internet, with the first update pushed around Nov. 2020.
These firmware updates allegedly act as malware, “adding, deleting or altering code, diminishing the capabilities of HP printers, and rendering the competitors’ supply cartridges incompatible with HP printers,” the plaintiffs said.
HP forced customers to purchase HP ink cartridges, class action alleges
The class action lawsuit said the company told them that HP printers have a “supply problem,” when HP had in fact intentionally caused the issue by sending the “malware” to render third-party ink cartridges incompatible with HP products.
“Plaintiffs allege that as a result of this malware, HP printer owners are either forced to buy HP cartridges or they cannot use their printers until third parties can develop workarounds in their products,” the lawsuit states.
They also allege HP used this firmware update process to conceal the fact it is actually collecting data on whether consumers are using HP or its competitors’ cartridges without their consent.
The lawsuit is looking to represent anyone nationwide who had a HP Color LaserJet Pro M254, HP Color LaserJet Pro MFP M280, HP Color LaserJet Pro MFP M281, or any other model affected by HP malware transmissions.
The plaintiffs are Mobile Emergency Housing Corp., Performance Automotive & Tire Center and David Justin Lynch’s.
The plaintiffs are suing under the Computer Fraud and Abuse Act (CFAA), the California Comprehensive Computer Data Access and Fraud Act (CDAFA), California False Advertising Law, California Unfair Competition Law and California Consumers Legal Remedies Act.
The order filed Oct. 15 allowed most of the claims to go ahead, apart from allegations regarding one section of CFAA, trespass to chattels and one claim based on one part of CDAFA.
The news comes as HP faces another class action lawsuit, with a consumer alleging that he and others with an HP “Instant Ink” subscription are experiencing faulty, error-prone cartridges.
Do you own an HP printer that suddenly wouldn’t work with other brands’ ink cartridges? Let us know your experience in the comments!
The plaintiffs are represented by Mark L. Javitch of Javitch Law Office and Thomas A. Zimmerman Jr. of Zimmerman Law Offices PC.
The HP Software Update Ink Cartridge Class Action Lawsuit is Mobile Emergency Housing Corp. et al. v. HP Inc., Case No. 5:20-cv-09157, in the U.S. District Court for the Northern District of California.
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1,936 thoughts onHP agrees to settlement in overpriced, incompatible ink cartridge class action
I currently have an HP DeskJet 4152e, and have owned many HP electronics, not just printers. I got it after reading reviews and seeing an article about how it was the best all-in-one printer on the market at the time. I didn’t know, at the time of purchase , that there was an ink program I HAD to sign up for. I didn’t complain much because it said I was going to get free ink for a year. I didn’t use it much, it was at my friends house because where I was staying didn’t have internet available at the time. I could send stuff from my phone to print, etc., if I needed something though. However, she used it like crazy, printing stuff off for diamond painting labels and such. This used A LOT of ink. I, however, only received ONE set of ink cartridges in a year, and there was a lot more needed with her doing her “thing”. I went to a popular store and just bought ink, once, HP brand and once, an off brand. I haven’t used it since HP only sent me one (one color and one black) cartridge of ink in a year. When I complained, they sent me another, but it wasn’t worth what I paid, because the “free” wasn’t actually free. They can watch what ink you use, and freeze up your printer when you don’t follow their unspecified rules, but they can’t send you ink when needed as promised and stop you when you get more elsewhere? Skip that!!! I gave a different friend my printer now, and it’s telling her she has to update payment info and wont let her print anything. It’s a discontinued printer, and since they dropped the ball, the “rules” shouldn’t apply to her anyway. They should see the printer has been reactivated and send her, at cleast a 12 month (12 black and 12 color) supply of cartridges, just for the sake of troubles. I will NEVER buy HP again
I own an HP OfficeJet 5255 printer. Over at least the last 3 years, before and after my warranty expired, I have complained to HP about a “door open” error, without resolution. I was not aware of the class action suit. I continued to use third party ink with intermittent success but finally decided to try official HP ink again. It worked immediately. Apparently, the suit did not prevent HP from continuing their practices. Is there a new/ongoing suit?
HP OJ 6978 I, too, have been burned by HP’s stupid policies regarding ink cartridges. Will never buy another HP product again for as long as I live. Nothing but headaches. This one cost me another $100
Yes, I own the HP Deskjet 2752e. It came with the 3 month free trial from HP Instant Ink. Once the free trial expired the printer stopped working. I either had to resubscribe or purchase another HP ink cartridge in order for it to start back working. It’s a hassle I didn’t sign up for and I’ve never received any new ink cartridge from them.
I too have been a victim of HP ink cartridge cartridges.