Update:ย
- 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.ย
- Consumers sued the printer company in 2020, alleging it pushed a software update to its printers to make them incompatible with other brandsโ ink cartridges.ย
- 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, โadding, deleting or altering code, diminishing the capabilities of HP printers and rendering the competitorsโ supply cartridges incompatible with HP printers,โ 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 brandsโ 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 brandsโ 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.ย
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, โadding, deleting or altering code, diminishing the capabilities of HP printers, and rendering the competitorsโ supply cartridges incompatible with HP printers,โ 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 โsupply problem,โ when HP had in fact intentionally caused the issue by sending the โmalwareโ to render third-party ink cartridges incompatible with HP products.ย
โPlaintiffs 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,โ the lawsuit states.ย
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 competitorsโ cartridges without their consent.ย
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.ย
The plaintiffs are Mobile Emergency Housing Corp., Performance Automotive & Tire Center and David Justin Lynchโs.
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 โInstant Inkโ subscription are experiencing faulty, error-prone cartridges.ย
Do you own an HP printer that suddenly wouldnโt work with other brandsโ ink cartridges? Let us know your experience in the comments!ย
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
We were not able to afford HP brand ink cartridges, since we print several copies daily.
I bought a HP printer and there was no mention of only HP ink and am forced to pay monthly fee to HP for ink that Might receive twice a year if that.they somehow can monitor when I print and how often and how much and they decide when and if I need ink
If I had known all this before I would not have gotten this type of printer
I feel itโs a rip off to the customer and also an invasion of my privacy
Please add me to the list
How about TCA tell us how we can be a part of this & join? I read nothing about where & how to be a part of this. Not really helpful without that informationโฆ
I have an HP,,, and I just placed a compatible. Cartridge and Itโs staters ,,, an error message.
I have tried everything too resetting the HP printer . I now am very frustrated about the situation.
Iโve owned an HP printer for the last twenty years.
Yes, please include me in the class action lawsuit. As a result of HPโs actions limiting the purchase of ink, I was forced to buy only HP cartridges at a much greater cost. Thanks for providing us this valuable info.
I have an HP printer and would like to be included in this law suit
Yes add me. I have a hp subscription that charges me $11.50 a month $138 a yr to receive 3 ink cartridges a year.
Had huge HP printers in Iraq. Half U.S. 120 volt, half european 220 volt. Counterfeit printer cartridges were sold at the local Haji mart. With six printers and a conex of cartridges I could keep two or three working at any time I was there. By the end of my tour I was ready to put all the printers in the courtyard and invite all the soldiers to drive their armored vehicles over the printers.
My HP printer will only work with HP ink. Please include me in the law suit.