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
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WI have an Hp printer that has been idle for 3 years. Why? The ink ran out, bought new cartridges and kept getting error codes. I just gave up and now it’s sitting gathering dust.
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I purchased off brand ink as I usually did and it wouldn’t work so I figured the ink must be messed up. Was able to exchange it and same thing..error code..finally purchased hp ink and my printer quit working altogether. Bought a new printer..same mess! Once the initial ink ran out I haven’t been able to replace it. Haven’t been able to print from home in years and I refuse to buy yet another printer.
I just tossed away a hp printer thought it was the printer . Please add me as I just purchased another hp printer
Yes my printer stop working after I stop the insta subscription. Has a block on it for me to use the printer. Has to be insta ink so sad hp.
I attempted to use other than HP ink in my printer …ink was rejected by the printer.
Each month I am being charged from Insta and I’ve only received the whole year one set of ink color in black-and-white and then when I try to use something cheaper like Walmart or somebody else, my printer won’t even work., for some reason, it’s late they want to charge me but the whole year I’ve had Insta in. I never got for one set of cartridges. They’ve never sent me in every month, but they charge me every month for fee. I’ve asked them multiple times. How are you gonna charge me for a service? I’m not getting? Every month you take a payment, but you’ve only sent me one set of ink all year?
I am extremely upset with HP and the Ink purchase issue. Can’t use other ink cartridges.
I’ve had a recent incident with the HP Office Series 8610. I have purchased three different print heads in order to continue using this printer. I had both HP OEM cartridges as well as others that were compatible. Neither cartridges would engage with the printhead. After many hours and lots of spitting and venom I have to give up. I do believe the cartridges played a part in this. Before the problem with the print system as it is referred to on the printer compatible cartridges worked fine. The 950/951XL ink cartridges on average cost $100 for all of them. That is so far out of line. Talk about gouging.