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
I have an HP printer that I cannot use unless I buy their expensive cartridges
I have an HP PRINTER and have issues trying to use other cartridges to save money but the printer wouldn’t work. I can tell that it’s a blantent reason for it. They have me paying a monthly prescription b/c it’s the only way to save money, but if you print too much they charge you for the amount of copies you make They have it rigged and it’s plain to see. Very annoying it’s not a printer but a controlled copy machine. Invasive and out of control tactics.
My 6 month old printer is useless now…still have a full ink cartridge that hp has disabled and wants to gouge me for a printing subscription. Livid!!!
Exactly controlling and not fair
I have there printer subscription and instant ink and have the HP envy printer and my colored ink has had the communication ink and printer when I’ve changed out my FULL cartridges , still have them and HP only just send new ones that take a week to receive or if your close to the billing cycle date they wait to see if you pay it first, they don’t ever answer and won’t even though there’s a warranty on printer , claim there faulty equipment under their warranty guide lines. I pay almost 40$ a month and for a printer that’s 130$ in store and to get out of contract I have to pay over and above the amount and pay off the rest of the year contract ! Fine print . Ugh how do I get in this settlement and give proof?
Add me
ADD ME! I have thrown away new cartridges thinking something was wrong with them. And I purchased NEW HP printer hoping the problem would stop! So glad I took time to read this article. ADD ME PLEASE
I Had to pay monthly subscriptions for HP and if I didn’t pay the following month for subscription even thoe I had ink not use from previous month my ink usage would be blocked until I paid again but if I went over the pages I would be charge per page I used. They would block my usage of my printer till I would pay for months I didn’t even use.
weve been using HP for years, our printer did quit when there were updates
Please add me.
Please add I’ve been a hp ink customer
Please add me