Jessy Edwards ย |ย  August 19, 2024

Category: Electronics
HP, HP ink, & Class Action Lawsuit
(Photo Credit: Dmitry S. Gordienko/Shutterstock)

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, โ€œadding, 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, โ€œadding, 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 โ€œsupply problem,โ€ when HP had in fact intentionally caused the issue by sending the โ€œmalwareโ€ to render third-party ink cartridges incompatible with HP products.ย 

โ€œPlaintiffs 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 Lynchโ€™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 โ€œInstant Inkโ€ subscription are experiencing faulty, error-prone cartridges.ย 

Do you own an HP printer that suddenly wouldnโ€™t 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

  1. Sharon says:

    Please include me if needed.

    I am having same issues as other. I bought Office Depot ink which is supposed to be compatable with my brand HP printer. Kept in storage for emergency and next time so I did not have to run out and buy ink during pressing work.

    I just ran out of ink and finally changed it. I got one print on a test and then it completely stopped working. I can not copy or get prints off my computer. HP 6830 Pro is my model. Ironically, the prior cartridgesโ€™ are also non HP and generic. I did not have an issue on using generic ink last year.

    I can not use my printer without disconnecting HP latest smart app. I can not convert to prior HP printer dialague.

    It appears can not disable updates and there is now a message on the new HP โ€œsmartโ€ app that if you turn off updates the system will not work. It also says HP requires HP ink or will not work. I thought they had already been sued on this???

    I have a printer so I donโ€™t have to run to a copy shop to run printouts. I have major project and deadline and was ready to run printouts and proof read.

    Please make this class action include everyone not just California.

  2. Patricia J says:

    HP firmware upgrade made 8710 incompatible with ink cartridges refilled at Costco. Eventually, the printer wouldnโ€™t work with HPโ€™s OWN cartridges that were a couple of years old, unused, but newer than the printer. Got a message saying the cartridges were for an โ€œolder printerโ€. Had already been using one of the cartridge from the package.

    1. Kevin R Lindahl says:

      I had exactly the same thing happen to me. How can I join this lawsuit? Itโ€™s shameful what they did considering I purchased genuine HP brand print cartridges. Their packaging doesnโ€™t say ANYTHING about the โ€œWarranty Endsโ€ date actually being an expiration date where the printer wonโ€™t accept it any longer. I went to Costco tonight and they donโ€™t even sell cartridges anymore. Iโ€™m gonnaโ€™ go out on a limb and assume itโ€™s due to a lot of upset customers. These ink cartridges often cost more than the printers theyโ€™re needed for. HP should make this right!

  3. Elisabeth Bennett says:

    I have had at least 7 HP printers. The first couple worked fine even with generic ink. The last 5 have had problems the minute I switch from HP to any other generic (Onn, LD, etcโ€ฆhave tried half dozen different generic brands).

  4. Lisa Bennett says:

    I have had at least 7 HP printers. The first couple worked fine even with generic ink. The last 5 have had problems the minute I switch from HP to any other generic (Onn, LD, etcโ€ฆhave tried half dozen different generic brands).

  5. Duke says:

    Both our printers 8620โ€™s were updated โ€“ resulting in them being disabled. When will there be a new Firmware to revert ? Never buying HP again.

  6. Sherry Herndon says:

    Sign me up as well. I used off brand reliable cartridges until an update and suddenly they were unrecognizable. This forced me into their ridiculous ink subscription plan because the cartridges were so expensive to buy outright. Interesting in over a year now paying monthly for the service and still using the first cartridges they sent me but been paying for the service all this time because if I cancel, the cartridges must be returned. Even more interesting, hp said my cartridges were getting low about 4 months ago and sent a new set, but I havenโ€™t needed to replace them yet. I use the printer almost daily.
    It makes no sense how corporation get away with these types of things continuously and obviously purposely doing these things to steal peopleโ€™s money. Technically that is exactly what it going on.
    I feel the whole point was to force people into signing up for the monthly plans which are higher cost in the long run than buying hp official cartridges.
    Itโ€™s just wrong and I no longer trust hp.

  7. Megan E says:

    HP disabled my printer and I couldnโ€™t print important copies- the reason why I bought the printer in the first place. This has a negative impact on my business.

  8. Susan Schwenk says:

    My printer worked yesterday. I replaced a cartridge this morning with a remanufactured one that I have been using for years and all of a sudden, my printer no longer works as itโ€™s stating it doesnโ€™t recognize the circuitry for the cartridge. I am beyond frustrated. I am considering buying a new printer so I donโ€™t have to pay full price for ink as itโ€™s too expensive. A couple of ink replacements of HP cartridges costs more than the printer. Now I understand why. They make their money on the ink. So wrong and to change things overnight.

  9. Teresa M Johnson says:

    I bought the printer it never worked could take it back

    1. Teresa M Johnson says:

      Meant to say even the ink was no good

  10. Chasidy says:

    I had a 3rd party cartridge in my printer when the update happened. It shorted out my printer when I replaced them. I was in my last month if warranty so they replaced the printer and also convinced me to extend my warrantyโ€ฆ when I get my new printer it came with their ink โ€ฆ when that ran out I put my old cartridges that were new in and they said they were compatible. I was then forced to get the instant ink program to be able to print for my business. I get the ink and am about to print out my first label and bam! No black ink. Now this program they made me sign up for counts your pages so if you have issuesโ€ฆ you have to print more pages. For 3 days I try to report my problem to the online messaging service. Finally getting no where and repeating myself several times โ€ฆ I call them. For the first 20 minutes Iโ€™m bounced around and finally the 4th person was able to fix the printer not showing Iโ€™m enrolled โ€ฆ but still no black ink. She goes to transfer me to a printer person and guess what โ€ฆ they are closed and she failed to inform me of that.

    I would like to be added to this class action lawsuit. They are scammers.

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