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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1,635 thoughts onHP printer class fights to keep ink cartridge monopolization claims alive

  1. Diane C Smith says:

    I had an excellent HP printer. Attempting to save money I purchased of brand ink cartridges. It worked for a bit and died. I had to get a new printer and have no choice but to buy only hp ink at the higher price to operate it.

  2. Katina Dusek says:

    Last year I purchased 2 sets of black and 2 sets of color for my HP Officejet pro 6978 and it completely shut down my printer. They were a offbrand. I had to spend a lot more money and purchase HP cartridges.

  3. Dominick B Wells says:

    This so true, even with the 8600 and up. My printer was blocked after I upgraded the software and I can’t even use the printer.

  4. BEV B says:

    Yes I have used HP printers for several years. Even bought a new small printer to be able to work from my mom’s while taking care of her. At first in was able to use generic cartridges but for v wow some time I have not been able to.I was out the money for those causes and forced to buy HP branded ink. The prices for just one of those Xl cartridges are more than in have die the printer.

  5. Gina M Riordan says:

    If you try to cancel the ink subscription it will block you from using the ink cartridge in your printer that you paid for

  6. Sylvia says:

    I’ve only used HP printers for decades and always upgraded to another one. The ink doesn’t last, 902 or 902XL. I just purchased a new XL cartridge a few weeks back. Also when the printer realigns or cleans its heads it uses a massive amount of ink. Sign me up!!

  7. Brandi kerns says:

    Yes!! I have 2 printers and both have been blocked, one printer HP 8710
    HP8030
    BOTH are required to buy only hp ink to work causing me to spend $230.00 for the 8710 and almost $150 for the 8030!
    I have soent thousands in ink over 7 years!

  8. Wayne A Johnson says:

    Please add me to a class action lawsuit. I have been unable to use HP ink purchased at Staples because HP will disable my printer if I use it. I have been forced to subscribe to their ink replacement program and pay a monthly fee for years now.

  9. Lynn Sims says:

    Glad to see this is finally being brought in the light!!! I’ve had different printers, but for the last 11 years. I seldom if ever used colored ink, just the black ink. I didn’t realize the cost of ink and the MANDATORY hp ONLY usage! My other printer not HP, would still work even if the colored ink cartridge was empty. We switched over 10 years ago to HP printer. I have no complaint with the ink quality. However, the ink seemed to run out really quickly, and this was the XL ink that was supposed to last! Tried to use another brand but would get the message..”HP cartridge IS NOT installed, please install HP”. Kept getting emails saying I should sign up to instant ink shipments, but I didn’t want to give them any debit or credit card, so I didn’t.
    Yes HP has the monopoly on ink, because printer won’t accept any other brand!! Tell me where to sign up, I WILL!!!

  10. Cher C says:

    I’ve owned my printer for a few years. The replacement price has definitely increased. As of my last purchase, the ink ran out extremely quickly. I don’t know if I even used the ink for 60 days. If I did, fine. The ink runs out fairly quick now, and it’s getting ridiculous.

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