Update:
- HP again urged an Illinois federal judge to dismiss a class action lawsuit alleging it operates a printer cartridge monopoly
- In a motion to dismiss the claims filed Jan. 23, the printer company argued its customers did not sufficiently prove a firmware update illegally blocked their use of third-party replacement cartridges.
- The plaintiffs allege HP waited until it held a substantial portion of the market and then incrementally eliminated other ink options through firmware updates. They also claim they never knowingly entered into a contract to only purchase HP ink cartridges.
HP replacement ink cartridge class action lawsuit overview:
- Who: A group of consumers filed a class action lawsuit against HP Inc.
- Why: The consumers claim HP monopolized the market for replacement ink cartridges.
- Where: The class action lawsuit was filed in Illinois federal court.
(Jan 11, 2024)
HP Inc. requires consumers with certain HP-branded printers to use HP-branded replacement ink cartridges, rather than being able to purchase ink replacements from its competitors, effectively creating a monopoly, a new class action lawsuit alleges.
A group of consumers claim HP has monopolized the market for replacement ink cartridges by allegedly using firmware that effectively disables a printer in the event a user installs a non-HP replacement ink cartridge.
The consumers argue HP accomplished this alleged monopoly by distributing firmware updates electronically to all registered owners of certain HP printers in late 2022 and early 2023, while simultaneously raising prices for its replacement ink cartridges.
“In effect, HP used the software update to create a monopoly in the aftermarket for replacement cartridges, permitting it to raise prices without fear of being undercut by competitors,” the HP class action states.
Certain models of HP’s OfficeJetPro, XP, PageWide, OfficeJet, LaserJet, DeskJet, OfficeJet Pro and Envy printers are included in the class action lawsuit.
HP customers not given a chance to opt out of firmware updates, class action says
The consumers want to represent a nationwide class of consumers who bought an HP branded replacement ink cartridge for the HP printers since September 2022 and a class of those who bought a non-HP replacement ink cartridge since September 2022 that they were unable to use due to HP’s firmware updates.
HP does not give its customers a chance to opt out of specific software or firmware updates if a printer is connected to the internet, and consumers typically are not made aware when updates occur, the HP class action alleges.
The consumers claim HP is guilty of unjust enrichment and of violating the Sherman Act, the Computer Fraud and Abuse Act and consumer protection and antitrust statutes in all 50 U.S. states and Washington, D.C.
The plaintiffs are demanding a jury trial and requesting declaratory and injunctive relief along with an award of compensatory, statutory and punitive damages for themselves and all class members.
A jury ruled in October that HP was not liable for an apartment fire in Seattle that caused $5 million in damages and a man dead. A Philadelphia-based insurance company had claimed an HP-branded lithium-ion laptop battery caused the blaze.
Have you purchased a non-HP branded replacement ink cartridge that you were unable to use with your HP printer? Let us know in the comments.
The plaintiffs are represented by S. Jarret Raab, Peggy J. Wedgworth, Arthur Stock and Jimmy W. Mintz of Milberg Coleman Bryson Phillips Grossman PLLC.
The HP replacement ink cartridge class action lawsuit is Robinson, et al. v. HP, Inc., Case No. 1:24-cv-00164, in the U.S. District Court for the Northern District of Illinois.
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1,755 thoughts onHP seeks dismissal of HP antitrust class action
Add me to the lawsuit. I have a HP 6055e inkjet printer that was locked up when my WiFi went out for a month. I could not use the printer during that time, but when the WiFi got fixed and I went to get the printer back on line, I got an error signal and it would not print. When I called HP they said I had not kept connected to the HP Smart web site so it got locked. What a Joke!!!
I purchased an HP Printer at a big electronics store about 70 miles away, and the store only had this printer with ink, so I had to buy it for a time-sensitive project, then bought Instant Ink for years. The first week I had it, it used up the dinky supply in the first cartridge and ‘stranded me’ without ink for several crucial days during a crucial brief-drafting time. They over-sent ink and also raised my monthly fee for the same number of copies, and the last software update left me with hundreds of half-printed pages and kept rerunning the same printjob. In frustration, I just cancelled my subscription, which they maintained is billed for the previous month, which was mostly obsolette printjobs. Been using printers since they were tractor-feed in the late 1970s. They told me tto send back the unused cartridges for recycling, which tells me there is something proprietary about them– they can’t use them either. What an environmental travesty. It’s a monopoly practice, to force my fealty to the overpriced ink. Printer sits unused, and useless.
Please add me to this lawsuit.
I have an HP OfficePro printer and don’t recall ever getting notice about the changed terms. I have been using it for years, sometimes with HP ink and sometimes with substitutes. This weekend the machine gave me an alert that it was low on ink. I inserted new cartridges. I then got a notice that one of the cartridges was blocked as from another provider. Finally frustrated, I ordered overnight shipping of the black cartridge which I thought was the problem. Now I have a notice that “the identified cartridge is an older cartridge that does not work in your machine.” I have never seen that message before and don’t even know how to figure out which cartridge is the offender.
Is there a remedy?
Thank you,
Leonard Grossman
Please add me to the Class Action Lawsuit against HP’s monopolistic practice of preventing me from the legitimate use of after market replacement cartridges. To date it has cost me my time, energy, efforts and expenses in trying to resolve this unlawful practice by Hewlett Packard, aka, HP.
Please add me to the Class Action Lawsuit against HP’s monopolistic practice of preventing me from the legitimate use of after market replacement cartridges. To date it has cost me my time, energy, efforts and expenses in trying to resolve this unlawful practice by Hewlett Packard, aka, HP.
Please add me to the Class Action Lawsuit against HP’s monopolistic practice of preventing me from the legitimate use of after-market replacement cartridges. My old printer, HP Officejet Pro 8610 won’t let me access the ink cartridges after I installed the third-party cartridges in it, forcing me to cut on the printer side to access and remove, but it was a mess and frustrating and costly, so I bought a non-Hewlett-Packard printer from now on. I still have the old HP printer in my garage as a piece of evidence.
I have the same problem with HP ink. I ended up giving away some of the “non-HP in” I bought (but still have some) because there was no indication from HP that I could only use HP ink in my printer. I needed some ink, so I bought the comparable ink for my printer, but it would not accept the cartridges. By then, I needed to complete an immediate project, and it was more convenient and affordable for me to buy an HP printer on sale that came with ink than to buy the HP ink cartridges for my printer. I tried using their ink plan but even though payment was by automatic draft from my account, they would still put my refill on hold so I cancelled the program. It took several days and calls before I could use my printer with personally purchased ink. My printer is currently out of ink and rather than buying HP ink at this time, I am using my local library and Office Depot for my printing needs. This should not be! BTW, the HPSmart app is unstable and needs to be not be a required app.
April 12 2025
Please add me to the Class Action Lawsuit against HP’s monopolistic practice of preventing me from the legitimate use of after market replacement cartridges. To date it has cost me my time, energy, efforts and expenses in trying to resolve this unlawful practice by Hewlett Packard, aka, HP.