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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
I am experiencing the same issues with HP. I even bought my own cartridges from Amazon after canceling my instant ink prescription snd contacted their customer service. They asked me to take a picture of tge cartridges while we were chatting online. I did so but she claimed she had to transfer me. After she did so, the next person messaged me a phone number to call that doesn’t even work! This is very wrong to block someone’s printer that they spent a lot of money on. I’m in school and need to print all the time. Very frustrating
I can’t understand how this is legal???? They are so underhanded. I’ve bought HP products for 30 years. I loved this printer and was an instant ink customer. However, they kept overestimating my ink use and sending me more cartridges than I needed. So I cancelled. AND THEY BRICKED MY PRINTER. I am willing to do anything I can to assist this law suit. I WILL NEVER BUY HP PRODUCTS. WHAT A SCAM. This is what they sent me:
Thank you for contacting HP Support.
This email confirms your request for service, the details of your case are below.
For additional assistance with your HP product and services please visit support.hp.com
Case Number xxxxx
Product Description: HP Instant Ink
Product Number: INSTANTINK2
Serial Number: INSTANTINK
Case Subject: ii-confirm cancelation
I’m also willing to be part of this lawsuit. I’ve been subscribed for 10 months (4 paid) and never received a single ink cartridge. My printer is now out of ink and of course there are no cartridges to replace it with. I canceled the subscription last month since I never received even a single cartridge despite being on the $6/month plan. I downloaded my receipts that show I had printed over 100 pages so according to my 100 page plan they should have shipped me ink cartridges, but they never did. My receipts also show that apparently they were unable to receive data from my printer for more than 4 months. The receipt shows 0 pages printed despite the fact I was printing pages continuously over that time including color photos. Also, my printer is hard-wired to an ethernet connection with an internet connection that has been active the entire time so the problem is definitely not on my end. I have called to resolve the issue and either get a refund or get the cartridge equivalent of the money I have paid and they were only able to offer a one month refund so far.
I updated my mailing address after having to first update m y email address and password. i now have 2 boxes of ink that were shipped to my old address and just received an email (old email address) that they. have just shipped cartridges for my printer at no additional charge. Shipping, use of cartridges and recycling are all included in the monthly charge. Further it states to only install new cartridges when printer says very low on ink. Additionally: “teh cartridge number, label, and/or size may be changing… Although cartridges may look different, and may not match each other, please be assured the cartridges sent are the correct ones for your printer and can be installed in the same way”. How am I to trust that they are not disabling my printer?! The end of the email states the shipping address as still my old address! And I am not able to log in …I called and reached a very pleasant cs and she followed up wtih an email that my email and mailing address has been updated. I mentioned that I googled and found a class action law suit pending and she proceeded to then promise me 2 free months of cartridges!
I am interested in joining this lawsuit. I am from New York State. Can I join the suit? Thank you for an expected reply.
Yes. I did subscribe and although I stopped I still need to buy the expensive ones from HP otherwise printer won’t work.
Sign me up as well. I fell for the same scam. I only print a few pages a month and a toner cartridge will/last me 9-12 months. My printer was hijacked after the “free” trial ended.
The HP BONFIRES lets get it started!!
I have been an HP owner for nearly 30 years. I have spent five figures on HP products over that span. I have a different understanding about HP instant Ink. When I purchase a printer I own the printer. HP has acted as though I am a RENTER through the INSTANT INK program. The CEO claims that a chip was installed to protect users from hackers. Not so, that is absurd and the chip was designed for HP to shut down printers when one stops using the Instant Ink program. (without making buyers aware)
Interestingly when I bought my HP Laserjet MFP M140W I bought it for the Scanner. I have access to another printer as I live in two places. I use my HP Lasejet printer maybe three times a week so 100 pages for $3.99 seemed to be fair as an Instant Ink member.
. I bought my own ink cartridge from Staples when I bought my HP as I have never liked Starter cartridges. The first year of the HP Instant Ink program HP charged my account knowing they had not supplied a cartridge in fact I still have that first cartridge in the original mailer. When I finally started using the cartridge that came with the printer “The Instant Ink cartridge” I had no idea it came with a chip that could shut down my printer..
HP never stated this anywhere in the Instant Ink info. nor on the box or instructions. So my cartridge , my ink for $47.88 given to HP Instant Ink over the first 12 months went unnoticed. However in November 2023 HP tagged my Instant Ink account for an additional $5 as I printed 150 pages. They said noting just charged my Card. I was furious so I called to cancel my account. HP sent a confirmation email that the account would be cancelled.
. Over Christmas time I send out a great deal of mail and I printed out nearly 400 pages . I received an additional charge for $41 plus tax for printing .My account had not bee3n cancelled but extended until 1/31 /2024 Even though I clearly asked to end my account before the original start date which was 10/7 /2022 Making 1/7 the proper time to end my account. Their eMail even stated the Instant Ink subscription had been cancelled. A few days later I received the eMail the account would be closed on 1/31 and the cartridge would no longer be usable.
So here is what HP decided to do instead. I started printing thinking I should use the HP at one locartion as I only had until 1/31 before they were going to stop it from working. Yes I was a “pissed off” consumer. I ordered another printer expecting to have it arrive this week. HP shut down my printer on 1/25 Not only was my HP instant Ink cartridge shut down but I called tech, tried all the possible fixes and was told the HP instant ink chip shut down your cartridge the printer will not function. I ranted and was connected to HP INSTANT INK. They wanted me to be sent back to the support team and I noticed that an eMail was sent with a code I never requested. I realized that HP will use this eMail to claim the printer was shut down due to a possible Hack. I know HP is under fire for cheating everyone, . I get it but I am not interested in lawyers or lawsuits. I am most interested in starting bonfires with HP printers. . I will be documenting the HP scam and burning my HP printer and asking others to do the same. As soon as we have enough people that have had enough of HP we will have our first bonfire. We need to destroy these printers not develop hacks and pull chips that is not the answer. as real people we need to hold HP responsible and destroy HP printers as HP scammed the public. Think of it this way HP is the witch and it is time to set the witch on fire. The only punishment HP will understand is when people take action against the FRAUD HP has committed. Look out for the HP BONFIRE write about it post it and we can set a date to burn these bogus printers and cartridges with shot off chips.
I signed up for the instant ink program in August of 2022. I received one delivery of ink. Nothing after. When I called today to determine my next step the representative said ‘I see you are out of colored ink’. My printer has been telling me I need ink so I have purchase black ink and replace it as necessary. My color ink has not been replaced but once in one year five months. So I canceled my subscription to instant ink in December I believe, at which time my printer stopped printing. When I was speaking to the representative of instant ink he mentioned that the color ink was a product of instant ink and since my subscription was canceled my printer was disabled. In essence they hijacked my printer. It was my understanding I bought the color ink. It was mine! They should not hijack my printer because of that colored ink. No where is there an explanation as to how to fix this. I thought my printer was garbage and I went out a bought a new one. However i decided to give the printer one last try. I went out and purchased a colored ink dispenser from best by. Once I replaced that the printer was working. I avoided signing up for the instant ink as I rebooted the printer.
It all seems very decisive on their part.
Absolute scam. In addition to the other faults listed before I suspended account as I am out of the state for 5 months and they continue billing. Finally stopped after complaining. Afraid to cancel as printer won’t work when I get back.
This company is ripping off customers! I have ink cartridges that I cannot use. I get more ink than I need and my dad doesn’t get ink that he’s paid for. And if you cancel the membership, it immediately turns off your cartridge. When I did cancel recently they still sent me and billed me for a month after the date that I canceled online. If there is any class action lawsuit open against this company Myself, and my father would gladly join !