HP ‘Instant Ink’ Renders Printers ‘Entirely Worthless,’ Claims Class Action Lawsuit

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

A consumer says that he and others with an HP “Instant Ink” subscription are left with faulty, error-prone cartridges in a class action lawsuit filed in California federal court Tuesday.  

Lead plaintiff Radek Barnert wants to represent other HP Instant Ink subscribers who were promised an “endless supply of printer ink,” but ended up with late and faulty cartridges that leaves their printers inoperable for extended periods of time.  

The plaintiff claims he pre-paid for a two-year HP Instant Ink subscription when he purchased a new printer from Best Buy in June, 2020. As a result of late shipments of multiple error-prone cartridges, he says he was unable to use his printer for 35 days. He says that other flaws in the program render him unable to cancel the subscription or use store-bought ink for excessive down times.  

“In a rush to convert its business model to a subscription-based business, HP launched its subscription-based ‘Instant Ink’ program, which is supposed to provide owners of HP printers with an essentially endless supply of printer ink—without ever having to wait to purchase new ink cartridges—because replacement ink cartridges are always at the ready,” explains the class action lawsuit.  

Those who subscribe to the HP Instant Ink program are promised that their printer will notify the company when the cartridges get low. Then, in exchange for a flat, monthly fee, HP will send subscribers replacement cartridges so they never run out of ink.  

The HP Instant Ink subscription comes with two “significant catches,” alleges Barnert.  

First, subscribers are only allowed to use HP ink cartridges that are supplied by the program and cannot use store-bought supplies. While this should not be a problem because the HP Instant Ink program purports to keep subscribers supplied with the cartridges they need, the plaintiff says “HP routinely cannot deliver upon the promises it made regarding the Program.” 

“Specifically, HP routinely fails to timely provide Subscribers with replacement printer cartridges, and, even when it does, Subscribers find themselves overwhelmed with errors that prevent them from printing,” alleges the class action lawsuit.  

Barnert alleges that he and other HP Instant Ink subscribers are often left unable to use their printers for extended periods of time because of problems with the program. Further, when customers complaint, HP claims that it cannot fix the problems and instead offers to ship more ink cartridges – a process that can take more than a week.  

To add insult to injury, HP requires subscribers to purchase ink cartridges as a part of the Instant Ink program; however, if they cancel their subscription, HP disables the cartridges and forces them to buy new ink cartridges from a retail location, claims the class action lawsuit.  

The plaintiff also accuses HP of misrepresenting its promise to recycle used ink cartridges at no cost to subscribers. Barnert alleges that the company refused to send the prepaid shipping materials to return his used or malfunctioning ink cartridges and told him to instead throw them away.  

HP violated the terms of its own contract with its Instant Ink subscribers, as well as consumer protection laws, alleges the class action lawsuit. Barnert wants to represent Instant Ink subscribers nationwide, as well New York subclasses. 

The plaintiff wants to put a stop to the HP Instant Ink subscription and also force the company to reimburse him and other Class Members.  

Do you pay for an HP Instant Ink subscription? We want to hear from you! Tell us about your experience in the comment section below.  

The plaintiff is represented by Mark L. Javitch of the Javitch Law Office, and Thomas A. Zimmerman, Jr. and Matthew C. De Re of Zimmerman Law Offices.

The HP Instant Ink Subscription Class Action Lawsuit is Barnert v. HP, Inc., Case No. 5:21-cv-05199 in the U.S. District Court for the Northern District of California San Jose Division.  

Read About More Class Action Lawsuits & Class Action Settlements:

• HP Ink Cartridge Monopoly Class Action Lawsuit Settles for $1.5M
• Epson Class Action Says Printers Disabled When Non-Epson Ink Used
• Do You Qualify: Ringless Voicemail Class Action Lawsuit Investigation
• Do You Qualify: Data Breach Lawsuit Claim Review