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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.
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572 thoughts onHP ‘Instant Ink’ Renders Printers ‘Entirely Worthless,’ Claims Class Action Lawsuit
Please include me in this lawsuit. My computer printer was held hostage when I tried to cancel this specific program. When I called to asked why it was taking so long to cancel I spoke a rep who suggested I subscribe to a lower monthly price and my printer will be able to print immediately. What a rip off.
Always an issue with the printers and ink then the customer service is horrible
Please add me
Please Add me… this has been so annoying and frustrating
Everything he says is absolutely correct. I’ve been paying HP instant ink about a year now so I don’t have to forfeit my rollover prints, but it is ridiculous.
I recently purchased a new HP printer. Signing up for their Instant Ink program appears to be a good deal. However, you are forced to keep your printer on 24/7 and they keep a count of how many prints you make during the month. This doesn’t seem to be a good deal after all. I’ve only received one set of cartridges and have installed them in my printer. Waiting for another set which does not seem to come. When I decided I wanted to cancel I received a notice that my cartridges would be turned off immediately unless I had purchased cartridges to use. Seems like the cartridges should continue to work until depleted. I’m feeling like HP is holding me hostage to use their program. I’ve ordered ink from an office supply store and intend to cancel my participation in the program. All I have to say is if the cartridges don’t work I’ll have more to add to my request to participate in this lawsuit.
That’s literally what you subscribed to. You pay a monthly fee to print 15, 50, 100 etc. pages. If you go over that amount they charge you an extra $1 for 10 pages or so. That was all explained when you subscribed. They won’t send you another set of ink until the first one runs out. Why would they? And of course they will turn off the cartridges after you cancel. Otherwise people would just sign up for one month for $0.99, receive the ink and then cancel. Why would hp want to give you ink that usually costs $30 or $40 for 99 cents. People would abuse the he’ll out of that.
Obviously none of you read the terms and are now upset for some reason. To me, there is no lawsuit here.
Exactly! Someone else that has some sense and takes responsibility for a service they sign up for. It’s called Instant Ink but you actually pay for pages, not the ink. People that have been paying for 12 months to keep their rollover stash of 2-3 months need to revisit their printing needs or do the math and make some informed decisions.
It’s not rocket science why this program exists – devices are sold cheap on the hopes they make it back on ink. Most, if not all vendors do this and this is a program to keep you using their devices and ink long term.
If you want the total freedom to print however you like, whenever you like, don’t want to always be connected to the internet etc. go back to transactional and buy your cartridges off the shelf or online when you need them.
Instant Ink is for those that are maybe a little more actively involved in print needs and ok with managing it for the cost savings and auto delivery.
Whilst I’ve encountered a faulty cartridge issue once in 18 months, it was rectified relatively quickly and caused me about as much down time if it was faulty off the shelf. I am in a capital city though so my coverage is maybe very good, I can’t speak for others’ experience on this topic.
Please add me
Add me . Mine always has error and just too many issues
Please add me. Nothing but problems
it’s actually a great program pay your $5 every month your printer will continue to work when you’re running out of ink they send you new ink if you run out and you don’t receive a shipment send them an email or call them and they will send you out fresh new ink within the next few days. $5 a month pay it and you’ll get your ink and your printer will continue working per usual
I disagree, I have been paying since my free months have expired. While I do not need new cartridges yet, they have charged me monthly, but now my printer has been rendered useless. HP Instant Ink is a scam!