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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 have had great difficulty with HP OfficeJet Pro 7740 printer ink cartridges.
As described above the first step by HP was stopping use of 3rd party cartridges (through software changes?)
Afterwards they rendered all my original HP cartridges “OLD” /”EXPIRED” so I had to chuck those as well.
Finally the VERY EXPENSIVE BRAND NEW HP cartridges run out in ridiculously short period. And , of course, once one color goes they all go.
I also cannot use my HP printer due to update. I did replace with HP ink, but printer did not work even then. Forced me to buy new printer and also hp ink cartridges that still didn’t work. Please add me to class action.
How can I join this suit?
Just tried aftermarket cartridges in my hp 8028 e and the printer said I had to hp cartridges.
I had issues with my printer not working and thought it was over the type of ink cartridge being the deal they have where it is sent to you rather than you having to buy it when it has run out. Then I started paying attention (because I wasn’t fully when I just checked yes for the ink delivery when setting up the printer) and wanted to know how they KNEW it was time to send it. I was NOT happy with what seemed like their spying on my printer. If I go to a store and BUY a machine to use in MY HOUSE and I want to buy cheap ink all with the MONEY I WORK TOP EARN, by the way, who does HP think they are to try and tell me what I CAN’T do with my property? These companies really need a lot more regulation that actually BENEFITS THE CUSTOMER, at least in the US. Where do they think they get off with their money grubbing BS?
Yep HP has blocked me from printing saying it is because of counterfeit or third party ink cartridges. basically scare tactic to are buying counterfeit stuff. let me join the lawsuit
My HP 6970 will no longer work with aftermarket cartridges. Please include me in the class action lawsuit.
I had firmware updates off and had to reset my printer settings which apparently also turned back on my auto firmware update and now I received the malware firmware that prevents me from using the cartridges I have been using. This is so deceitful. I own the printer. How could they just reach in and disable it. I want a full refund for this brick that I can no longer use and I refuse to buy their ridiculously priced ink cartridges. I would have purchased a color laser printer if I knew they would disable 3rd party ink cartridges so this was definitely a bait and switch!!!
HP 6978 owner here. Printer stuck initializing with firmware update and my 3rd party ink cartridges. Effectively proud owner of large useless brick now. Please include me in class action lawsuit.
I have a hp8710 that is useless to me now after the firmware update. Cannnot get past the “non-hp chip detected ” error message on printer. Please include me on lawsuit.