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.
Donโt Miss Out!
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
Read About More Class Action Lawsuits & Class Action Settlements:
1,748 thoughts onHP agrees to settlement in overpriced, incompatible ink cartridge class action
My HP8715 will not recognize either of my HP952XL reserve cartridges purchased from Costco several years ago. The unit also will not let me print with a new HP952XL cartridge sent to me from HP. The indicator of the quantity of ink left in the various color cartridges continues to change every time you remove and then replace the same cartridges into the printer. In the old days your printer printed with whatever ink was left in the cartridge and eventually when the ink ran out you replaced the cartridge. Today the price of the ink is criminal and the system โestimatesโ quantity remaining based on number of copies not actual ink levels. Bottom line โ my printer wonโt work because it says I need to replace all the cartridges even though some still have ink in them based on HPโs own flawed โprint countโ system. What a total scam!!
I purchased 6 HP printers during Covid for myself and some co workers. The printers were not cheap. They worked for about a year and then they all at the same time stopped working when our ink ran out. We had been using a third party ink as HPs ink is ridiculous in price. Not knowing what to do but try to purchase HP ink; when I went to the store they were out.and they said that there was a shortage. I ended up buying a different brand printer with cheaper ink times 6! But the price of the ink and new printer was the same price as buying the replacement inks from HP. I was in shock and completely irritated that HP was ripping people off.
Please add me to the list. My HP envy 7858. I joined the insta ink program. First problem started when my printer was sending out blank pages and me getting too many cartridges. Then I cancelled 3 times and pulled my credit card. Now my 2 yr old printer wonโt work even with newly purchased HP ink cartridges. Now my printer is useless.
After a firmware update several issues are experienced with both hp cartridges and nonhp cartridges. Super frustrating to have to pay top dollar for ink since no one is refilling the ink cartridges any longer. hp has done this multiple times to force people to upgrade prnters, this should be illegal I would like to definitely be added to the lawsuit as I can not get any other brand ink cartridges to work in the printer.
I did not know that HP had done this and thought that my printer was not working, it would not connect, or it stop connecting to the home wi-fi. I just gave away that printer to the office supply company in town that takes old office machines, printers, computers, etc. This is a shame that these companies do this.
Now every time I use the Cannon I have to do a maintenance scan that uses up all the ink, not to mention the scanning does. Such a racket. We consumers should not have to be treated this way.
I purchased a HP OfficeJet Pro 9010 series in 2020 during COVID, along with the ink replacement subscription (which cost me an extra $200). The two years is not up until June 2022, but my printer stopped working in March. After talking to two people (in the Philippines) representing HP for over an hour, I was advised that HP cartridges installed a chip into each cartridge that doesnโt allow the printer to work until a credit card number is given and I rejoin the subscription program. HP is holding me hostage on a machine I purchased. I would be happy to join in the class action lawsuit.
I own a HP Envy Photo 7155 all-in-one printer. It will not allow to use 3rd party ink cartridges. The print tells me the firmware is preventing me from doing so.
At my clinic, I have a HP Laserjet M404 and a HP Laserjet M478. both will not accept the generic cartridges I have purchased. Those cost me $50, the OEM are over $200! This is fraud and should be illegal. I own these printers, I should be able to use whatever cartridge I want. In the car I own, people donโt tell me what gas and oil I can put in it!!!
I thought this had been rendered illegal with xerox losing their case over twenty years ago on people wanting to use nonxereox inks and toners. HP should be fined millions refund peoples money for over charging on their products and making them roll back the hostage firmware they installed illegally on a printer that I own. HEโS excuse that generic are inferior doesnโt hold true. As soon as their inks and toners are put on the market, reputable companies have analyzed HP products and use the exact same from their analysis of HP products.
Sign me up for the class action suit.
My Officejet Pro 8600 Plus stopped scanning a document to pdf onto a USB stick. HP admits to a builtin โCounterโ that limits this function. Their workaround to re-set the Counter didnโt work for me.