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On Tuesday, a California federal judge again granted final approval to a class action settlement over allegations Hewlett-Packard Company (HP) misled consumers about its inkjet printer ink so that they would prematurely replace their ink cartridges, after adjusting the attorneys’ fees calculation based on an appeals court ruling.
The HP settlement resolves three separate class action lawsuits that lodged similar allegations against the company. In 2007, these actions were consolidated into multidistrict litigation (MDL) titled In re: HP Inkjet Printer Litigation. HP denies that it misled consumers but agreed to settle the printer ink class action lawsuit to avoid the expense and uncertainty of ongoing litigation.
Under the terms of the printer ink class action settlement, HP agreed to issue coupons worth up to $6, discontinue some of its pop-up messages about printer ink levels, and provide additional information about the printer ink cartridges on its website, user manuals and packaging.
U.S. District Court Judge Jeremy Fogel initially approved the HP class action settlement in March 2011. Although notice of the deal reached approximately 13 million Class Members, only 122,000 claims for coupons were filed.
An objector subsequently filed an appeal of the HP class action settlement, arguing that the $1.5 million attorney fee award was excessive in comparison to the benefits actually received by Class Members. When Judge Fogel approved the attorney fees, he concluded that the “ultimate value” to Class Members was about $1.5 million. Further, the fees were much lower than HP had initially agreed to pay.
On appeal, the 9th U.S. Circuit Court of Appeals ruled that attorney’s fees must be calculated based on the redemption value of the coupons. Following the appellate court decision, Judge Fogel revised his calculation and concluded that $1.35 million plus nearly $597,000 in fees was appropriate for the class action settlement.
“The amount of attorney’s fees reflects a ten percent reduction of the amount previously awarded for both coupon and equitable relief, and it represents a lodestar award for Class Counsel’s work on the non-coupon portion of the litigation, reduced so that the attorneys’ fees award does not exceed the value of the settlement to the class,” Judge Fogel wrote in his order granting final approval to the HP class action settlement.
Further objections to the HP class action settlement were also dismissed in Tuesday’s order.
The deadline to file a claim for the HP class action settlement has passed. It is not yet certain when the coupons will be issued. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated. You can also check the HP inkjet printer settlement website for more information.
The HP Inkjet Printer Class Action Lawsuit is In re: HP Inkjet Printer Litigation, Case No. 5:05-cv-03580, in the U.S. District Court for the Northern District of California, San Jose Division.
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36 thoughts onHP Inkjet Printer Class Action Settlement Approved
I HAVE A HP PRINTER & DID NOT KNOW OF THIS EITHER.
was not even aware of the ink jet law suit. I gave away two ink jet (HP) printers out of frustration of
continuing buying ink due to the notices constantly telling me to replace the ink. The ink is quite costly.
The ink ran on glossy picture paper. I had to purchase more expensive Matte paper to print my pictures,
this is my hobby.
Dorothy F Thomas………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
I have two eligible printers.
I too, have 2 HP printers, one brand new and was never told about this lawsuit or received anything by mail or email. I feel this in inexcusable for a ‘reputable’ company. The newest printer had demo cartridges MISSING, so I went back Costco, and only because they stand behind their products 100%, was I given a new set of demos. exactly one week later two of the cartridges had alerts and the machine would not even run with one of them out. It had only been used TWICE( 4 pages)-back to Costco and another $120 dollars later had a set of color and a black cartridge. This is ridiculous–now I find out about a lawsuit over cartridges and certainly understand why! Why was I not informed???????????????
this ticks me off. I had 3 THREE HP printers and they were all registered and I never received any notice about this lawsuit so how could I apply? I never knew about it. Seems real hinky to me that they are all allowed to get away with this including the attorneys collecting those big fees. What did the public get? nothing.
i WILL NOT BUY ANY hp PRODUCTS BECAUSE i GOT RIPPED OF BY hp BECAUSE OF A BAD CHIP, THIS DOES NOT SUPRISE ME THAT MORE LAW SUITS HAVE NOT BEEN FILLED. STOP BUYING AND HP PRODUCTS.
I had e-mailed HP about how my two printer were eligible for the voucher or coupon:
This part of the lawsuit which really gets me mad:
“U.S. District Court Judge Jeremy Fogel initially approved the HP class action settlement in March 2011. Although notice of the deal reached approximately 13 million Class Members, only 122,000 claims for coupons were filed”.
No wonder that only 122,000 claims were submitted as I was not on the look out at that time for lawsuit claims that I was.eligible for so that I could submit a claim form on when this was in the courts and when the case had opened up to put in a claim.
It is only for a $6.00 discount coupon but it is the fact that I did not receive any kind of notice or that HP didn’t e-mail me.
Replacing ink cartridges should be like buying batteries doesn’t matter what brand of batteries you buy as long as it is the size of the batteries which the device needs in battery size.
There is no reason that every printer has to have their own ink cartridge it is just a scam to rip-off the consumer.
HP called me this morning about my angry e-mail the person that I talked to didn’t know anything about the lawsuit I explain how I was not notified, the date to put in a claim has passed, that my printer was one that would have qualified for the $6.00 voucher.
She verify my address and will be sending me a free cartridge of ink I don’t know if it will a complete set or just a black ink cartridge.
i wont buy HP product all and all ever again. Their computers are even worst!!!
I have a HP printer also, and it would both be eligible for a coupon but I didn’t know about the lawsuit either, so I couldn’t put in a claim, yet I get e-mails from HP about buying products from their web site.
Why didn’t HP inform me about the lawsuit so that I could have joined in on the claim and they could send me a discount coupon?
What a bunch of GREEDY crooks they are.
I’m NEVER going to buy another HP product again.
I have two HP printers also, and they would both be eligible for a coupon but I didn’t know about the lawsuit either, so I couldn’t put in a claim, yet I get e-mails from HP about buying ink cartridges and other products from their web site.
Why didn’t HP inform me about the lawsuit so that I could have joined in on the claim and they could send me a discount coupon?
What a bunch of real crooks they are.
I too will NEVER buy another HP product again.
I have two HP printers they would both be eligible for a coupon but I didn’t know about the lawsuit so I couldn’t put in a claim, yet I get e-mails from HP about buying ink cartridges from their web site.
Why didn’t HP tell me about the lawsuit so that I could have joined in on the claim and they could send me a discount coupon?
What a bunch of crooks.
I’m NEVER going to buy another HP product again.
same here
You cant even use replacement ink cartridges on HP printers now. I paid 500 for my new HP, feel like puking. I wouldnt buy HP anything even if it was a top of the line product selling for $1, I will never give a penny to that company as long as I live
They are all the same! This borders extortion! Sick bastards!