Brigette Honaker  |  April 16, 2020

Category: Consumer News

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HP printer plotter

A recent HP class action lawsuit claims that its printers use colored ink even when printing in black and white.

Plaintiff Christina Rose claims that, despite printing images and text in black and white, HP printers use “substantial” amounts of color ink.

The HP class action lawsuit claims that consumers are not told their color ink will be depleted faster than expected.

Rose reportedly purchased her HP OfficeJet Pro 8630 printer in 2017. Upon seeing that the printer came with both black and color ink, Rose says she believed she would have the ability to print in both color and black and white. She notes that nothing on the printer packaging indicated that the printer would use color ink while printing in black and white.

Allegedly, Rose is one of many consumers who were deceived by HP’s representations. As a result, Rose’s color ink supply has diminished without her knowledge. She claims she has been denied the ability to print in black and white due to her colored ink being depleted.

“Ms. Rose has had to purchase multi-pack color ink replacement cartridges on at least three occasions, and a standalone magenta replacement cartridge, in order to continue printing in black ink,” the HP class action lawsuit notes.

HP printers are considered some of the best products on the market, allowing consumers to print in both color and black and white from their homes. However, Rose argues that HP intentionally designed their devices to use up colored ink in a process called underprinting.

The underprinting reportedly involves using a significant amount of colored ink under black ink, even when a text or image is only black and white. This process allegedly drains colored ink from a printer’s reserves without a consumer’s knowledge. Rose argues that this design is an intentional way to force consumers to purchase more ink.

“As a result of underprinting, color ink is depleted even when printing images or text in black and white, forcing consumers to use more color ink, and therefore spend more money, than they reasonably expect to,” the HP class action lawsuit argues.

“HP further intentionally designed and engineered the Product to cease printing in black ink if the Product’s color ink is depleted, even if the consumer wants to print a black image or text.”

Rose argues that HP was unjustly enriched by their conduct because ink cartridge sales represent the majority of the company’s revenues and profits. When consumers are forced to spend money not only on black ink but also on more expensive color ink, HP allegedly profits.

Confused man holding paper from HP printer“Unlike the fixed, upfront, and relatively cheap cost of a printer, the ink and toner cartridges used in printers can ultimately be more costly to consumers because they require periodic replacement,” the HP class action lawsuit notes.

According to the HP class action lawsuit, the printer company should have informed consumers that printing in only black ink would also require colored ink.

Consumers are reportedly reasonable in assuming that colored ink is not required, meaning that HP’s lack of warning deceives them and influences their purchases.

Rose argues that she and other consumers would not have purchased the printers or would have paid significantly less if HP had revealed that black and white or text printing needed color ink.

“Ms. Rose would not have purchased the Printer or would have paid significantly less for it had she known that the Printer would engage in underprinting or that she would not be able to print images or text in black and white unless the color ink was also in supply,” the HP class action lawsuit claims.

“Moreover, Ms. Rose would have purchased fewer replacement color ink cartridges but for Defendant’s conduct.”

Although Rose was allegedly deceived by HP’s conduct, she says she would continue to purchase and use HP printers if the company accurately disclosed the truth about their printers.

However, she argues that she and other consumers will continue to bear “ongoing injury” until HP ceases their deceptive marketing practices.

Do you own an HP printer? Have you had to purchase an excessive amount of ink for your printer? Share your experiences in the comment section below.

Rose and the proposed Class are represented by Benjamin Heikali and Joshua Nassir of Faruqi & Faruqi LLP and Bonner C. Walsh of Walsh PLLC.

The HP Printer Ink Class Action Lawsuit is Rose v. HP Inc., Case No. 5:20-cv-02450-NC, in the U.S. District Court for the Northern District of California.

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2,035 thoughts onHP Class Action Alleges Printer Ink Defect

  1. Garrett says:

    My family owns a 6600 and was purchased before this class action lawsuit was brought. We had no clue that this printer would block you from printing in black and white when a color cartridge is empty. According to HP the reason for this is to improve the grain of the print and to help prevent clogging of print heads. To prevent print heads from clogging on every print every cartridge is used a little bit even when it’s not necessary. This is absolutely ridiculous. HP specifically designed these printers to do so that owners of these printers will use up all of the cartridges quicker even when the customer doesn’t want to use color. The proof they did this purposely is the fact that they hid this from the customer and the customer was unaware of this until they bought these printers and only after the customer ran out of color ink they found out that they can’t print a thing even in black and white. All HP had to do was make this a setting that could be turned off when the customer ran out of color. Also printers previously had a option to clean the print heads. You would use this every once in a while if you were the type of person that didn’t print often or someone would use this after they hadn’t printted in awhile to clean the print heads and make sure they weren’t clogged if one or more print head was clogged you would notice before wasting the other ink cartridges and paper. I’ve owned other HP printers before this one and there was times that it wouldn’t be used for months and i never had an issue with any print heads clogging ever. The ink cartridges would have to be sitting unused for a very long time before there would be an issue with a print head clogging. I’m also CompTIA A+ (certified computer technician) I can definitively say that this was a purposeful tactic on HP behalf to conspire to make their customers of these printers to pay more more often to make them replace ink cartridges and to make printing inoperable unless all cartridge have ink.

  2. Katrina Joseph says:

    Add me I have 3 printers and the ink does go by fast

  3. Susan Williams says:

    Add me because I have 2 HP Envy 5660 printers, an Officejet Pro 6978, and HP forces me to use their ink, which is twice as expensive as other generic ink.

  4. Jen A. Bradley says:

    Please add me. I have an HP Officejet Pro 8600 plus. I have been mad about this since I purchased it. And you can’t buy third party ink cartridges either. They force you to use theirs only.

  5. Ronald E Roberts says:

    Same issue for me on my HP 8625. Never prunt in color and have had to replace color cartridges 3 times.
    Clearly a scam by HP to generate more profit.
    Sign me up for class action.

  6. GARY DEAN says:

    Add me too. I have an Envy 5100

  7. Dave Collins says:

    Please include me in your Class Action suit. I rarely print in color and make sure the settings on the print page are for “Blank Ink Only”. My color cartridges run out while doing this printing in “Black Ink Only” setting.
    I also have an issue that when one color cartridge is depleted, i have to replace all 3 even though the other 2 show 20% ink levels before I replace the 1st one. I have argued with HP Tech support that this is a Firmware issue, but they claim I have a defective print head. Makes no sense to me since prior to installing the first cartridge the other 2 showed 20%. This appears to be another scam!

  8. Margaret Goldizen says:

    Have the 9200 printer and 902 printer, both PRI,tears use color ink while printing in black and white. If the 952 color ink runs out the printer will no longer print in black and white. You cannot use any other ink cartridges other than HP on both models. On the 902 ink cartridges the printer will not let you use an expired or no longer recognized HP 902 ink cartridge.

  9. Lauri Oberhauser says:

    I have a HP Office Jet 8500A Plus. I bought all new cartridges. I didn’t print many pages after turning my printer on…then it tells me some of my color cartridges are out of ink. Already? I couldn’t believe it I just bought them. Add me as well to the lawsuit.

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