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. Thomas Mahoney says:

    I would like to join the class action. Stuck with a M281 thatโ€™s been working perfectly for years โ€“ now canโ€™t get passed a 49 error code. Firmware LOCKED up with no ability to update (according to numerous consumer boards

  2. mike Power says:

    this reference too; HP Printer Firmware Update Litigation, Case No. 5:16-cv-05820-EJD

    in this case class-action lawsuit with hp on the โ€œdynamic securityโ€ issues. this is the firmware issue that keeps non-hp parts from working.

    However, the updated firmware that was to be fixed is still causing the same issues working on the printhead causing a missing error even when the printhead had not been removed/reseated. simply a cartridge was replaced by instant ink. hp support did not recommend the firmware of 1909 be updated and proceeded to tell me to replace the printer. That tells me they know about the issues and are unwilling to correct them. is this anything your team is interested in? I have a recording of the phone calls. this is a third of three models that have intentionally used the firmware to force replacement. I see others having issues with instant ink sending out bad cartridges. I believe that is the next wave of HP following the same scam on customers. if I replace the print head, mine in the Officejet 8620 is a separate head from than cartridge, the firmware will reject it. I am not getting compensated for it., yet they are having a supervisor call me in 24 hours.

    if you need to go back to HP in the event they have violated the case and judgeโ€™s directive I would like to know.

    1. mike power says:

      hp officejet pro 8620

  3. Stephan LaBar says:

    I got HP ENVY Photo 7155 and am unable to use my ink cratridges that I purchased ahead of time very upset and want in on this lawsuit f*** hp and their whole company with their bs proprietary ink carts.

  4. Scott E Petrey says:

    Color Laser Jet Pro MFP M283fdw will not print without HP toners. Called customer support they told me I had to sign up for a subscription to

  5. Deborah Manfredi says:

    Happened to me finally yesterday. Have been using compatible cartridges for a fraction of the HP cost on a JetPro 7740 for a couple years and today got the message the cartridges have been blocked by the printer firmware message. My entire work day was rendered useless not being able to print and to run around to stores that donโ€™t even carry that cartridge. They should at least be made to replace what we already have purchased. I spent 248$ for Amazon same day delivery for ink I already have and could have gotten for about 85$.

  6. Ben Chaltraw says:

    I just tried to replace an HP Ink Cartridge with an HP one, but the printer says itโ€™s too old for my printer even though the one I took out is the same date. Not only did they block 3rd parties, but they are also even sunsetting their own cartridges!

  7. Susan Johnson says:

    I have a HP envy 7120 and have used generic cartridges for years with no issues . Today I put new cartridges in and they are not compatible the same problems everyone is experiencing

  8. Dan Carter says:

    I want to join HP Ink lawsuit; how do I do this? Using genuine cartridges now unusable due to firmware upgrade.

  9. Brett B. says:

    +1 more person that canโ€™t use my ink

  10. BS says:

    Add me to HP class action HP non-HP chip detection on the LCD window which rendered the printer non-functional I tried every work around did not work the aftermarket ink was working now it is not โ€ฆ.refuse to buy more from HP going to get another brand โ€ฆadd me to lawsuit please

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