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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1,635 thoughts onHP printer class fights to keep ink cartridge monopolization claims alive
I have an HP printer and I purchased non-HP printer cartridges and the description of problems listed above have occurred to me and with me during my printing processes. Those problems have driven me to purchase HP branded and HP products solely to work with my printer.
I am currently a student who uses an HP printer and pays the instant ink subscription each month. I have owned it for a year now, and had 9 months of free instant ink. That was over a few months ago and the charge started coming off my debit card. I had only been paying for it two months when HP sent me an email telling me the price is going up like 20 percent in February. My printer will not print with non HP cartridges, leaving me no choice but to pay the instant ink subscription.
I would love to be added to your suit, if possible. Thank you.
I was on instink ink for years, I finally switched to epson. They over charge for paper usage as well. I canceled 2 months and was still being charged. I had a $35 from them charging me. They only offered a month worth of free ink, I had already canceled 2 months prior. I sent them screenshots showing them and my email proving i canceled and shouldn’t have been charged. Finally I screenshot the messages and went to my bank to get my money back and fees reverse. I had missed out on my term paper because the printer wouldn’t work it wouldn’t scan or print. The only option was to purchase hp ink. I just bought an epson. Please add me
I was on the instant ink plan and when I cancelled my printer won’t work with the installed cartridges. Awaiting new purchased cartridge to see if that will work. I way overpaid the cost of cartridges paying for their cartridge program over the years as well.
I have three HP printers and none of them will work if you buy replacement ink cartridges from a different brand. I have also contacted HP a few times regarding the instant ink issues and they discontinued service to two of my printers so they don’t work at all I can’t even get instant ink for them because I complained so much. I believe they have been doing this longer than what the lawsuit alleges. You can’t even reset the printer to restore factory settings and turn it back on and not even hook it up to the Internet just hook it directly to the computer you want to print from and it won’t work that way either. It’s ridiculous and they definitely created a monopoly
I was waiting for this since long time – I have been using HP Deskjet printers since last 6 years and have been noticing the issues. Ink that are sold by non-HP companies shows compatible however when i install it never works well. After buying HP cartridge’s from best buy it works fine but not as described – ink runs out too fast and they forced me to take ink subscription which i declined it several times. Now my printer is not working and there is no help from HP.
Yes ,store bought ink doesn’t let hp know when to send you ink , sensor not in it.
Also while taking away features that the printer has when you opt out of their plan and removal of the ability to print all together if you don’t abid by their guidelines as well. I spoke with a manager and told him they would be sued for this.
Not just monopolizing the ink industry but also misleading consumers with their little plans where they overcharge for “pages” as well.
Also while taking away features that the printer has when you opt out of their plan and removal of the ability to print all together if you don’t abid by their guidelines as well. I spoke with a manager and told him they would be sued for this.
Also while taking away features that the printer has when you opt out of their plan and removal of the ability to print all together if you don’t abid by their guidelines as well. I spoke with a manager and told him they would be sued for this.
Same issues I have..my printer 🖨 won’t work ..They hadn’t sent me any ink since 2021 until I called last month..And they are charging my debit card twice a month..I hate I subscribed for the paper..I don’t even print that much at all
I have the hp ink subscription and they will not let me unsubscribe. I was never notified about this
This is the first I have heard of it also.