Abraham Jewett , Jon Styf  |  April 22, 2024

Category: Household
Close up of HP ink cartridges for sale in a store, representing the HP monopoly class action.
(Photo Credit: Lutsenko_Oleksandr/Shutterstock)

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.


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1,630 thoughts onHP printer class fights to keep ink cartridge monopolization claims alive

  1. Laura Moritz says:

    I could not use my printer even with HP brand ink from a 3rd party vendor (Staples), after cancelling my Instant Ink subscription. It was confirmed that it was a result of the software update. So even with HP ink, I could not print at all after cancelling my Santa t ink subscription. Please add me to the case if possible.

  2. James Cagiano says:

    Good evening, my wife and I purchased a HP office jet pro and hardly ever use it. And one day we went to use it and the printer wasn’t working it was some how out ok ink so we ordered new ink for it off of Amazon but wasn’t from HP. We used it that one time then didn’t use it again for awhile. We went to use it another time and it wouldn’t work but the printer said the cartridges were full. So I called HP was on the phone with them for over an hour, and finally figured out the problem they told me that it was because of the ink not being from HP. So I go out and buy brand new ink again from bestbuy put the ink in the printer and it still won’t work properly so I call HP back again and are on the phone with them for over an hour. Finally after doing everything they say to do they tell me that the aftermarket ink ruined the toner or whatever it is that spreads the ink. And I tell him the printer is only 1yr old. They told me there’s nothing they can do. I told him this is the second printer in 2-3yrs and we probably use it like 2 or 3 times a year. Please keep me informed with the case if we can we would love to join the lawsuit against HP, because this is ridiculous.

    1. Pamela Mcdaniel says:

      I have an HP ENVY before that I had a desk jer and if my bill wasn’t paid for my ink they blocked it, it won’t even connect to the Internet I bought some ink off eBay and it ruined my last printer because they blocked it. One came from Walmart the other from HP store

      1. Pamela Denise Mcdaniel says:

        Add me please

  3. Linda Rea says:

    Yes, I have purchased several of the HP IMPOSTER INK and it has ruined my HP printer
    PLEASE ADD ME TO THE LIST. THANK YOU

    1. Janada Jones says:

      Add me

  4. Theodore Volkert says:

    Not only can’t use non-hp ink, I can’t use the scanner because of low cyan cartridge or print black and white mode. That’s 2 printers I own that are being held hostage by hp…

    1. Donella Ross says:

      Add me please I too share the same experience to include the instant ink program that appears fraudulent.

      1. Jamie Doucette says:

        Please help me as well I completely want to cut ties with hp, I should be able to use my printer it’s locked due to there gimmick’s.

  5. Paul Stubbles says:

    Yes please add me

  6. Susan Goldrick says:

    Add me please, my hp printer used to be great, and I could use generic and brand name ink. I never had a problem.
    Now, it wont work with generic brand ink or the correct hp brand ink .It says ink is an imposter.
    Ever since they started pushing the “reorder ink online” advertisements, and needed installation of their new updates they had.
    Now my printer wont accept any type ink, and it wont print.
    MESSAGE ON MY PRINTER CLAIMS T(ST THE HP INK WAS AN IMPOSTER INK AS WELL.

    I never had so many problems try8ng to install ink cartridges and trying to do updates, until they changed everything.
    .

  7. S. Roberts says:

    Yes. Please add me.

  8. Sharhonda D Townsend says:

    Please Add Me

  9. Jeannette Remak says:

    I am stuck in the. HP Program. There are many times in was locked OUT of my computer because my credit card info changed. It took me literally days to get someone on the phone to help.me straight it out. I thought this was a good deal when I bought the printer, but its been a nightmare. And yes, you cannot use anything other than their cartridges. Right now I can’t afford to buy a different printer by another mfgr. So I am caught in HP’S web!

  10. Mary Kay Chirco says:

    Please add me

    1. Detra Damskov says:

      Add me

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