Update:
- 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.
- Consumers sued the printer company in 2020, alleging it pushed a software update to its printers to make them incompatible with other brands’ ink cartridges.
- 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, “adding, deleting or altering code, diminishing the capabilities of HP printers and rendering the competitors’ supply cartridges incompatible with HP printers,” 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 brands’ 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 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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1,752 thoughts onHP agrees to settlement in overpriced, incompatible ink cartridge class action
Yes HP required me to only be able to use hp ink, and they were not refillable, was told there was something in the chip that the printer reads thats doesn’t allow it to be refilled. HP ink is very expensive cause they know you need to use their brand, now my hp printer sits cause i cant afford to purchase the ink for it.
I am still using a HP printer until recently because I bought one with unlimited ink because of problems with it please add me
Please add me.
Me!
HP Instant Ink is a bad program…supposedly the company would monitor actual cartridge usage, but instead new shipments keep showing up…if one tries to cancel then those cartridges that we have already purchased are no good. So I end up paying monthly and I have more cartridges still in their boxes than I can use.
I am still using a HP printer until recently because I bought one with unlimited ink because of problems with it please add me
I only bought hp cartridges for my 6960 and the printer worked really well until the firmware update. I don’t hours trying to fix it when it first happened and threw out many go genuine cartridges I bought from the office store and also Amazon. Never used anything but genuine ink and it would say it’s not recognized or not genuine. Had to throw them out. I had a bag full of these. I finally replaced the printer about 4 months ago because the issue started again rendering my printer useless again. Totally perfectly fine printer with this purposeful glitch. I also had a number of cartridges I can’t use because of it. I bet this cost me hundreds of dollars including replacement (I went with a different brand because I learned of this issue with hp). And all my perfectly brand new ink that wouldn’t work because the software that I had to throw away. Mine were never third party ink and I still had the issue! Add me
Please add me. I’ve got a whole closet full of HP. Printers have HP printers for over 15 years.
This is just not right, have to pay higher prices for ink because of such update. My hands are tied to purchase the other ink or just buy a new printer
I only bought hp cartridges for my 6960 and the printer worked really well until the firmware update. I don’t hours trying to fix it when it first happened and threw out many go genuine cartridges I bought from the office store and also Amazon. Never used anything but genuine ink and it would say it’s not recognized or not genuine. Had to throw them out. I had a bag full of these. I finally replaced the printer about 4 months ago because the issue started again rendering my printer useless again. Totally perfectly fine printer with this purposeful glitch. I also had a number of cartridges I can’t use because of it. I bet this cost me hundreds of dollars including replacement (I went with a different brand because I learned of this issue with hp). And all my perfectly brand new ink that wouldn’t work because the software that I had to throw away. Mine were never third party ink and I still had the issue!