HP Class Action Alleges Printer Ink Defect

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.

“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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