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. Akeria Huff says:

    Add me. I have not used my printer in months. I need it for my job to print but there is always a charge for ink or unlimited print copies. Why am I paying for copies I make from home with my own paper?

  2. Jennifer says:

    Have owned multiple HP printers and have this same issue. How do I get included in this lawsuit?

  3. Karianne Newton says:

    When my warranty ran out HP stopped sending g me my PAID for instant ink carts unless I complained. The first carts they sent after the warranty ended caused a “paper jam” issue, which wasn’t a paper jam, the carts ruined the printers ability to move the carts AT ALL. They intentionally ruined my printer knowing my warranty expired, and then charged my instant ink account AGAIN (2nd time that month) trying to get every last penny they could. OH, if you try to cancel Instant ink by yourself they CHARGE You another month even if uou don’t use their service anymore. I had to demand the agent cancel my account with no further charges. Opened a case with BBB. Hp has gotten away with scamming people for WAY too long.

  4. Ed says:

    I recently bought an HP 9015e printer at Staples hoping it would be the last printer I would ever need to buy. Had an ADF scanning issue. Took it back to Staples for exchange. They said it was 3 days after end of possible return and that I may have gotten a bad printer, but they wouldn’t exchange it. I also told them that I had purchased all of my business and home printers and supplies at their store for more than 40 years..That made no difference. So much for customer appreciation. Told me to call HP..No more business at Staples for me. I found the ADF scanning problem and fixed it. A few weeks later got message that starter ink cartridge was low. Bought new yellow xl cartridge – no change in low ink message. Did everthing told to on how to correct – no better. Called HP. 45 minutes later, told I neeed to talk to supervisor. Gave me supervisor’s tel. #. I called it – wasn’t correct #. Finally got a supervisor. Tried to press little icon to check ink, but low ink message immediately covered it so I couldn’t do it. Tech took over my computer and found that all 3 color cartridges were low, although I used almost no color printing. Gave me a discount on all 4 cartrideges (woohoo). Later I pressed HP Smart icon and it immediately showed that all colors were low. The tech didn’t even know that. if I have trouble again I will place a notice in my local paper advising people to never purchase equipment from Staples and get everything you need from Amazon. I may even approach people walking toward the store and tell them my story. (But they may call the police). I’m an easy going man, but sometimes you get pushed too far, and Staples did just that. I won’t set foot in their store ever again, so they are the ultimate losers.

  5. Mike says:

    I have an HP4650 that I unwisely (encouraged by the crew at Best Buy) bought to replace an old brother printer/scanner that was working fine but was already 10 years old. Man, I wish I had it back but to add insult to injury, Best Buy/HP offered a $5 (just five dollars) rebate if I turned in my old printer when I bought theirs. Clearly, they anticipated that once users got acquainted with the misery of the HP4650, they’d want their old printers back. As others have reported here, if you don’t buy into the HP ink replacement club, they have built-in misery. Printing availability stops based on false readings (really, it’s empty again after 5 pages of black & white text printing?) and if you try to use a rebuilt cartridge or get it refilled, the computer chip is programmed to make sure you’ll regret it.

    I have a lot of HP products but won’t replace any of them with new HP products. Band of thieves.

  6. Janelle Evink says:

    HP Officejet Pro 8720 requires me to replace an empty color ink, even if I am printing in black and white only. Unable to bypass or find a solution other than having to purchase the color ink. Weird part, I print 99% in black and white only…not sure why my color ink keeps running empty

  7. Dale Hitchcock says:

    I purchased a HP Pro 8020 printer which never printed correctly. I hadn’t printed 10 pages when I had to replace the color ink cartilages and than the black ink. Total over $70. Worked ok. and than I never used it for several months. Next time I went to use it wouldn’t print in color. Than it wouldn’t print in black. Still under 12 month warranty when I contacted HP it had gone out of warranty by 2 weeks and they refused to honor warranty. Claimed it was out of warranty. The printer hadn’t printed 50 pages of any color since new. I’ve spent hours trying to resolve since. Filed a BBB complaint requesting a refund. Have yet to hear back but I’ll never bay another HP product again.

  8. Catherine Kargher says:

    This printer will not print well if you don’t sign up for the instant ink. The machine will waste ink and produce poor quality when you buy HP ink. I don’t print much but ran out of ink within 2 months and the printing is poor quality. When used free 8 months of instant ink didn’t go through much ink for that time and printing was good quality. However, the more you print the more you pay if you go over your months allotment. Would never recommend this product.

  9. Michael Olender says:

    I replaced 2 HP 952 cartridges with 2 generic cartridges a month ago, & they worked fine until Thursday, April 1st. Now the 2 cartridges display empty (they are full). What right does HP have to try and force me to purchase a cartridge that costs 0.23 cents to manufacture, yet i’m expected to pay through the nose ($60) for one cartridge! It’s like buying a car, but it won’t run unless you buy your gas from one dealer. I will NEVER purchase another HP product EVER again! Pure greed. They spew their garbage that their “research & development” costs are in the millions of dollars……..HORSE HOCKEY……it’s pure greed!

  10. Laurie Gouliard says:

    I never buy printers because I rarely use them. It’s easier for me to go to the library or use my work printer. I could never justify the cost. When my children started remote learning, I figured obtaining a printer would be wise considering all libraries were closed at the time. Remote learning was a joke on its own; forget rushing around trying to find a place with a printer to use.

    I purchased the HP OfficeJet Pro 6978 All-In-One printer. Set up was simple and flawless. That was the only positive thing. Besides almost forcing a customer to sign up for their monthly ink service, HP Instant Ink, their toner is absolute garbage. My printer kept showing my color levels low after printing ONE PAGE! Cyan and yellow NEVER WORKED even after being sent multiple replacements. I wasted a 1/2 ream of paper just doing their stupid canned process of “cleaning the printhead” only to find a blank piece of paper. Their online support is useless. I don’t feel I should have to “reset to factory defaults” and let it sit without power for 30 seconds multiple times to get a BRAND NEW PRINTER TO WORK! And, YES, if you don’t have colored ink working properly, BLACK WILL NOT PRINT! This is the worst printer I have ever owned. I am sorry I wasted my money.

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