HP printer class fights to keep ink cartridge monopolization claims alive

Update:

• A group of HP printer owners say HP did not successfully show their antitrust case alleging a printer cartridge monopoly should be dismissed.
• The plaintiffs told U.S. District Judge Martha M. Pacold the HP printer purchasers never entered into a contract to only purchase HP ink cartridges.
• HP waited until it held a substantial portion of the market and then incrementally eliminated other ink options through firmware updates, the lawsuit claims.  

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.

Read About More Class Action Lawsuits & Class Action Settlements:

• At Home class action alleges retailer inflates original price of sale items
• Pillow Cube class action alleges company wrongfully charges processing fee on refunds
• Companies recall biometric safes due to injury, death risk
• Admission about Stanley cups lead content sparks class actions