Update:
- In a joint notice filed July 12 in a California federal court, HP and a certified class of consumers reached a settlement in principle and are working to finalize the agreement.
- Consumers sued the printer company in 2020, alleging it pushed a software update to its printers to make them incompatible with other brands’ ink cartridges.
- They allege HP transmitted firmware updates without authorization to HP printers through the internet, with the first update pushed around Nov. 2020. These firmware updates reportedly act as malware, “adding, deleting or altering code, diminishing the capabilities of HP printers and rendering the competitors’ supply cartridges incompatible with HP printers,” the plaintiffs claim.
HP ink cartridge class action lawsuit overview:
- Who: HP Inc. is being sued by customers.
- Why: The customers allege HP pushed a firmware update that made its printers incompatible with other brands’ ink cartridges.
- Where: Nationwide
(Oct. 16, 2021)
A class action lawsuit alleging HP pushed a software update to its printers to make them incompatible with other brands’ ink cartridges can mostly go ahead, a judge has ruled.
A California federal judge ruled Oct. 15 that most of the class action allegations filed by printer owners against HP, Inc. could go ahead, throwing out only three of the claims.
The claims against HP were first filed in Dec. 2020. The plaintiffs allege that HP transmitted firmware updates without authorization to HP printers through the Internet, with the first update pushed around Nov. 2020.
These firmware updates allegedly act as malware, “adding, deleting or altering code, diminishing the capabilities of HP printers, and rendering the competitors’ supply cartridges incompatible with HP printers,” the plaintiffs said.
HP forced customers to purchase HP ink cartridges, class action alleges
The class action lawsuit said the company told them that HP printers have a “supply problem,” when HP had in fact intentionally caused the issue by sending the “malware” to render third-party ink cartridges incompatible with HP products.
“Plaintiffs allege that as a result of this malware, HP printer owners are either forced to buy HP cartridges or they cannot use their printers until third parties can develop workarounds in their products,” the lawsuit states.
They also allege HP used this firmware update process to conceal the fact it is actually collecting data on whether consumers are using HP or its competitors’ cartridges without their consent.
The lawsuit is looking to represent anyone nationwide who had a HP Color LaserJet Pro M254, HP Color LaserJet Pro MFP M280, HP Color LaserJet Pro MFP M281, or any other model affected by HP malware transmissions.
The plaintiffs are Mobile Emergency Housing Corp., Performance Automotive & Tire Center and David Justin Lynch’s.
The plaintiffs are suing under the Computer Fraud and Abuse Act (CFAA), the California Comprehensive Computer Data Access and Fraud Act (CDAFA), California False Advertising Law, California Unfair Competition Law and California Consumers Legal Remedies Act.
The order filed Oct. 15 allowed most of the claims to go ahead, apart from allegations regarding one section of CFAA, trespass to chattels and one claim based on one part of CDAFA.
The news comes as HP faces another class action lawsuit, with a consumer alleging that he and others with an HP “Instant Ink” subscription are experiencing faulty, error-prone cartridges.
Do you own an HP printer that suddenly wouldn’t work with other brands’ ink cartridges? Let us know your experience in the comments!
The plaintiffs are represented by Mark L. Javitch of Javitch Law Office and Thomas A. Zimmerman Jr. of Zimmerman Law Offices PC.
The HP Software Update Ink Cartridge Class Action Lawsuit is Mobile Emergency Housing Corp. et al. v. HP Inc., Case No. 5:20-cv-09157, in the U.S. District Court for the Northern District of California.
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1,748 thoughts onHP agrees to settlement in overpriced, incompatible ink cartridge class action
Please add me. Bought several non HP cartridges. They worked fine initially when all of a sudden my printer displayed a message saying the ink cartridge was a clone and was not compatible. HP ENVY 7900e
I have always purchased HP cartridge , I’m l been overcharged all these years
Add me
Add me
Yes, I brought an HP printer for my home office. Was working fine until I got an auto update. Haven’t been able to use it since and had to buy another printer because now it won’t print anything but grey. Called HP support and they were no help.
Add me
Had a subscriptionwith them bc I was told they could only supply my ink and I couldn’t print unless I had a paid subscription – all cartridges from the paid subscription stopped working when I cancelled teh subscription. Bought just a black cartridge from Amazon b/c that was the only color out but couldn’t use it b/c the other 3 were from the subscription. Had to buy 3 color cartridges just to get the damn printer to print.
I own a HP inkjet Printer All in One and I am subscribed to the HOonstaink to receive my ink cartridges both black and color cartridges on a regular basis and when HP sees that my printer is running low they automatically send me replacement ink . However, on several different occasions I was locked out of my Printer and unable to print anything and I could not use a different brand of Ink cartridges or even the same HP brand of Ink cartridges because they said I had to purchase only from them at HPinstaink in order for me to be able to print on my Printer. This is outrageous and not fair. I had this printer long before I signed up with HPinstaink and it was never said or mentioned in anything that I signed up for when I initially signed up for HPinstaink. Had I known before hand that I wouldn’t be able to ever use a different brand of Ink cartridges or even purchase the same HP brand to use in my printer in between my orders and had I known I would be entirely locked out of my Printer and not able to use at all.. I would of never signed up with HPinstaink subscription. It’s just not right and it’s not fair. Please include my name in this class action lawsuit.
2 years ago, I used non HP cartridges + printer would not work.
Gave it to a “techie” friend and stupidly purchased another HP printer.
HE got the printer to work – said it WAS the “illegal” (according to HP) cartridges.
I am furious with HP and now, with MYSELF, for getting yet ANOTHER HP printer!
Please add me to the class action list.
Thank you.
Add me please at my job we only have hp
It’s been a problem replacing ink cartridges, for years if it’s not hp. Hp cartridges are very expensive you should be able to replace them with a no name cartridge.
Put me in