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Last week, a California federal judge has trimmed some claims from a HP ink cartridge monopoly class action lawsuit.
In October 2016, consumers Richard San Miguel and DeLores Lawty filed a class action lawsuit claiming that Hewlett Packard Co. unlawfully updated printers with firmware that rendered them incompatible with non-HP brand printer ink.
U.S. District Judge Edward J. Davila rejected HP’s request to dismiss the case entirely, trimming some of the consumers’ claims against the company, and stating that the company must defend themselves against a revised version of the allegations.
According to San Miguel and Lawty, they initially purchased HP printers in 2015. Until 2016, they were able to use ink cartridges manufactured by companies other than HP. Then, in 2016, they state that their printers displayed an “error” message when the consumers tried to use ink cartridges produced by companies other than HP.
Allegedly, the error message read that the ink cartridges were defective, not installed at all, or were empty. The consumers claim that they received this message when none of the problems stated in the error message were true. Allegedly, the error message was accompanied by a link directing consumers to HP’s website, selling HP ink cartridges.
The plaintiffs claim that the company did this to increase their profits, as HP allegedly makes significantly more money from the sale of ink cartridges than they do from the sale of printers themselves.
Allegedly, thousands of consumers had similar experiences, stating that HP did not tell consumers it was installing new firmware onto existing printers, rendering printers that had once worked with ink cartridges of many brands only compatible with HP cartridges.
In their original HP ink cartridge class action lawsuit, San Miguel and Lawty claimed that HP installed new firmware onto existing printers “without authorization.” However, Judge Davila determined that the consumers had admitted that HP had “authorized access” as the makers of the printers, and failed to sufficiently show that the company had “exceeded authorized access.” Thus, Judge Davila ruled to throw out this claim from the HP printer class action lawsuit.
San Miguel and Lawty seek damages from the HP ink cartridge class action lawsuit, claiming that they and thousands of other consumers were financially injured from being unable to use the ink cartridges of their choice and being forced to purchase HP ink cartridges. They propose injunctive relief that would require the company to cease blocking consumers from using third party ink cartridges.
The plaintiffs allege that HP’s action violates Section 502 of the California Computer Crime Law. Some claims of violation were cut from the case, but three survived. Judge Davila claims that the consumers did propose that the court should interpret a part of the law to apply to firmware as opposed to just to hacking, as the law is usually applied. Though HP argues for a narrower interpretation of the law, Judge Davila saw enough merit in the consumers’ allegations to keep consumer protection claims.
San Miguel and Lawty are represented by Elizabeth Kramer of Girard Gibbs LLP.
The HP Ink Cartridge Monopoly Class Action Lawsuit is In re: HP Printer Firmware Update Litigation, Case No. 5:16-cv-05820-EJD, in the U.S. District Court for the Northern District of California, San Jose Division.
UPDATE: On Sept. 18, 2018, customers reached a$1.5 million deal with HPending a class action lawsuit over third party ink cartridges and an allegedly fake error message that would stop consumers from being able to use them.UPDATE 2: February 2019, the HP OfficeJet printer class action settlement is now open.Click here to file a claim. UPDATE 3: On Nov. 26, 2019, our readers started receiving settlement checks from the HP printer firmware resolutionworth as much as $164.20.Congratulations to everyone who filed a claim and got PAID!
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790 thoughts onHP Can’t Escape Ink Cartridge Monopoly Class Action Lawsuit
I too am a victim of the HP – Ink Cartridge Issue. I an not a participant in the Class Action Suit. I didn’t know about it. Isn’t the solution: If you are not a participant in the 1st suit, Just file another Suit, using the court’s previous Decision as the Evidence for the new case. I bought a HP OfficeJet Pro 7740. Originally, it did accept non-HP cartridges (refilled & 3rd party). Doesn’t that establish a Contract allowing me to use non-HP Ink. Isn’t it a crime to take that ability away? Since I’m a disabled, senior citizen, informed HP of such, Doesn’t that also mean that HP is in violation of the ADA legislation?
I would like to be compensated my losses and injury!
HP insisted I use my debit card online. My instant ink account has been hacked more than once.
Since March they have refused to take payment over phone or via check. I was in the middle of copying legal papers.
I am 77 and have a learning disability. I am also in quarantine. 3 weeks ago HP finally promised to mail ink without chip. Still no ink. They are holding up my legal case.
I have a HP OfficeJet Pro 8720 everything was working fine until one of my cartridges needed replacement then the fun started. I did have a newer replacement cartridge from a lower cost vendor, which I have been using for years now, and under normal circumstances the cartridge should of worked. I called my vendor and they told me as of March 18th HP updated the firmware if you have automatic updates on ..humm I don’t but the Web connected piece of my printer is always connected and I feel HP get to my printer that way and updated the firmware. Been playing games swapping out different cartridges back and forth driving the vendor crazy as well as myself for what! Why can’t HP leave well enough alone the greedy bastards. Hope they loose their shirts !
These issue with HP continue. Recently my printer stopped printing, and showed a message of Incompatible Cartridge(s). This cartridge(s) is not designed for use with this printer.
I have used refilled cartridges (from Costco) for some time and the printer was printing fine until this message showed up. I assume this litigation was open to only California residents, but if any litigation takes place elsewhere I would really like to be a part of it. I’m really tired of HP’s ongoing efforts to force the purchase of their ink. It is analygous to purchasing a car which won’t run if the oil is changed and a brand used that is comparable, but not the brand marketed by the auto manufacturer – same could be said for tires, coolant, etc.
I want to know WHY HP did NOT notify neither my father nor myself of this lawsuit? Both of us have a total of 4 printers listed that were purchased DIRECTLY from HP.com so YES they ARE registered thru their site and YES they OBVIOUSLY have our information to include us in this lawsuit!! Just to get reasonable priced cartridges forced to join and PAY for HP MONTHLY INK CLUB even IF you do not use ink monthly!! Its BS and a scam on HO part to FORCE consumers into more revenue for HP by locking out Consumers from using HP OWN Cartridges by saying they were NOT HP cartridges when they were. I have dozens of cartridges that were unusable playing this stupid game. I gave 1 printer to my father in MI, had to buy another ONLY to have the EXACT same issues. The ONLY way I heard about this was thru here and now I’m being told it’s too late to get in on this Class Action?? Yet BOTH my father and I have had YEARS of Complaints w HP on these printers for this EXACT reason! I called 2 days after the filing date deadline and was told by a VERY rude person that “I should have done this and I should have done that” well IF I DIDN’T KNOW HOW COULD I and Seems like HP purposely FORGOT 2 people at 2 Addresses in 2 different states! So how many others are there that have registered products??
I purchased another printer because of HP’s greed and unfair software update. I don’t understand why all affected printers are not included in this class action.
I still have two of the cartridges in my printer right now
HP damaged my printer as well. How do I join this suite?
I was in this suit also> am I doing something wrong? 3 times i filed on diffrent suits and in the end thay say i never filed. Am I doing something wrong?