Update:
- HP again urged an Illinois federal judge to dismiss a class action lawsuit alleging it operates a printer cartridge monopoly
- In a motion to dismiss the claims filed Jan. 23, the printer company argued its customers did not sufficiently prove a firmware update illegally blocked their use of third-party replacement cartridges.
- The plaintiffs allege HP waited until it held a substantial portion of the market and then incrementally eliminated other ink options through firmware updates. They also claim they never knowingly entered into a contract to only purchase HP ink cartridges.
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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1,761 thoughts onHP seeks dismissal of HP antitrust class action
Yes I have 2 HP printers that I bought. I joined there ink cartridge supply for both printers. I thought it would be convenient having them delivered to my home. But one day I had a lot of printing to do and my printer ran out of ink. So, like any person would do i went out and bought ink for my printer so I can proceed with my printing. How is it that my printer was locked and was not able to print because I used an outside ink that was not theirs. I became irate I didn’t t know what to do but I had to print out all these papers for my recertification. I tried everything and my mother to use another printing app to go through but I couldn’t even use those. I had to get my thoughts together because I had a deadline to meet so I ended up going to Office Depot to finish my printing, which cost me $135.00 and I could have done it at home for free. That’s why people buy printers so your able to do it in the comfortability of your own home., but that wasn’t my case. I had to wait for them to mail me out a cartridge in order for me to print again.
I agree completely! Do this:
1. Buy compatible, non-HP ink cartridge from Amazon and install it in your HP printer.
2. Unplug your printer.
3. Wait 1 1/2 minutes.
4. Plug your printer in.
Your printer should work. You will have to do this periodically, every time HP sends their Bot around to block your printer. After a while they do give up.
I bought a HP Envy printer and I can’t even make copies with it. So I had no choice but to buy their ink cartridges and it still won’t let me. I have to use their app to do anything with the stupid printer and their app no longer works. So now I’m out the money for the printer and ink it absolutely useless. It won’t do anything and I only used it 1 time. I’m so mad because I had really important papers I needed copies of so my mom had to go buy me a new printer and ink. Because if I didn’t make the important copies I would have became homeless. And I told my mom to make sure that she didn’t get me another STUPID HP PRINTER. I will never buy anything from HP ever again and that’s all I used to buy but not anymore after all what I went through and the stress it caused me and it cost my poor mom money to get me a new one because I didn’t have the money to do so. So thanks a lot HP you suck as a company.
I have an HP Des jet printer I use Insta ink. I feel like I’m being bullied because I’m charged every single month, also told what and how much paper I can print. I’ve only received ink 2 times but yet and still I’m charged every single month.