Jessy Edwards  |  October 18, 2021

Category: Electronics

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

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

  1. Fred Johannon says:

    My HP6978 will no longer accept my ink cartridges due to a firmware update. I cannot remedy this. Please consider me for this class action lawsuit.

  2. Stephanie Cederdahl says:

    Add me as well. HP 8210. Requires HP only ink

  3. Jen A. Bradley says:

    Add me. I have an HP Officejet Pro 8600 Plus.

  4. Crucifix nz says:

    Such a nice blog on Ink Cartridges and I hope you keep update us with such great tips and information in future too. This is a great post; I will share as much as I can. If possible visit this website amonenterprises.co.nz to gain more idea or tips on the same.

  5. Anonymous says:

    Please include me in this lawsuit. The latest firmware update no longer allows me to use my 3rd party ink. After discussing with HP, I can’t reverse the firmware update with a MAC computer. I am beyond frustrated. it would be less expensive to buy a new printer than it would be to by the HP ink.

    1. Beatrice Fleming says:

      I have two HP printers that are now useless because of the software issue. Can I be included in the lawsuit.

  6. Patricia Sundberg says:

    I have a HP office jet pro 6978 that no longer functions after stopping the automatic ink program. It will not accept 3 party ink. I believe HP is abusing its authority and would like reimbursement as I have already replaced with another non-HP printer. I would like to be included in the class action suit.

  7. Kate Nichols says:

    Please include me in this lawsuit. The latest firmware update no longer allows me to use my 3rd party ink. After discussing with HP, I can’t reverse the firmware update with a MAC computer. I am beyond frustrated. it would be less expensive to buy a new printer than it would be to by the HP ink.

  8. Louis AyLa says:

    I gave away some of my HP printers as they stopped all of the sudden when HP did a firmware upgrade that affected them all of a sudden. All these printers had been working fine for several years. I owned two HP printers both Officejet series, not to mention all the cartridges I went through trying to diagnose the problem which despite changing to HP cartridges had been damage and I was so angry because I used to promote HP products to all my friends and family. Now I had to go and buy a more expensive printer from one of HP”s competitors as my loyalty to HP was compromised. Having to buy print heads and other head cleaning products was expensive and ended up not working nor all the futile attempts and hours lost trying to research the problem on HP”s site etc.

  9. William Henderson says:

    I will join the lawsuit. My printer used to work fine with non-hp cartridges. (HP Office Jew Pro 7740) and suddenly it refuses to even print anything at all because I purchased another non-hp cartridge. I paid good money for their product and this is how they treat me? Their cartridges are WAY overpriced which drives consumers to the compatibles and refilled cartridges. And on mine, there is no way to turn the feature off that checks for non-hp cartridges!

  10. David Di Iorio says:

    HP I beleive is sending desructive firmware and drivers thru the update ports and using Microsoft Device Drivers to damage my printer because they don’t like my cartridges that I am using. I had to trash my printer because every time I used it they corrupt the drivers. I would reset the drivers and it work fine. All of a sudden they driver was updated and the printer would not work. Coming in thru the update ports and MS word device drivers. I went into my printer and reset the firmware and every time the printer connected to internet or word program it would fail.

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