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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
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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506 thoughts onHP’s Software Update Made Printers Incompatible With Other Ink Cartridges, Class Action Alleges
I purchased an HP Officejet Pro 8030 I have no choice but to buy their ink, even though I paid for their ink during the subscription period and when I discontinued my subscription, I was notified that I the ink I paid for would no longer work in the printer. Generic ink worked one time and now, I can’t get the printer to print, no matter what I do. This has to be illegal.
We have an HP9015 Office Jet Pro and can no longer print because of this. We never had an issue using other ink manufacturers till now. HP has a monopoly and way overcharges for their ink.
I definitely would like to be included in this suit
I will also join the lawsuit if possible. My HP 6978 suddenly won’t use the ink cartridges I’ve been using since the first time I replaced the ink.
Hp7740 with non hp ink cartridges I can’t use now with the firmware update. They have worked flawlessly for years it my printer not there’s there is no warranty after 9 years
6860 hp printer I was using ink cartrages from other than hp now the printer won’t accept. Went through all ways to turn off ink protection NONE WORK .
HP is pushing corrupted firmware keeping former Instant Ink customers from using non HP ink cartridges in their printers.
Just an additional comment, that HP has the audacity to have an online solution community that tells you to download their latest software! If you weren’t beholden to them before, you’re definitely screwed once you download the latest software. So disingenuous when they KNOW they did this on purpose and their IS NO solution.
Online now with HP non-employee support, who told me they’re really sorry, but once the “system” recognizes non-HP ink, it will not work with it. I told them that’s illegal. They’re bumping me up to Senior HP support. But while I’m waiting, I found this. Mine is an OfficeJet Pro 6987; replaced two non-HP cartridges with two non-HP cartridges in November, haven’t been able to print since. Please add me to the class action lawsuit. Hate this!!
I have a MPF283cdw and after initial toners ran out that came with it, I replaced with compatibles. The message comes up that it “did not recognize the chip” or something, and it will not work with them. When I contacted HP customer service, I was told according to the rules and regs of purchasing that machine, that I had to ONLY use HP OEM toners. This is a complete rip off!! Is there any way I can join this lawsuit?
I have hp color LaserJet pro mfp M283fdw and it turned itself on at midnight waking me up just to update. Note I had disabled all updates previously so I was completely awoken when this was taking place. The new update rendered my fairly new (4 week old toners) I purchased for $285 off Amazon. Note these were working perfectly prior to this forced update. Now I’m out $285 and this toner will end up in a landfill contaminating the earth instead of providing color copies for me. I can NOT afford to pay $500 or so for 4 new hp toners. I’m working from home and can’t take another huge hit when coronavirus is still keeping us working from home. Please contact me immediately. Thank You.