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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 filled out the form for HP inkjet printer cartridges and to this day have not gotten anything from the class action suit, I bought 2 of the printers and would appreciate hearing something on this matter.
HP Printers also waste ink so you buy more with useless alignment. Why didn’t someone sue about that?
The thing that really angers me is that long after this pathetic settlement occurred where no one had any idea this was happening, HP has the AUDACITY TO CONTINUE SELLING PRINTERS THAT MAKE YOU HAVE TO BUY FOUR NEW CARTRIDGES WHEN YOU ONLY RAN OUT OF INK WITH YOUR BLACK ONE!!! I bought my printer in November of 2012…not even a year later, I was unable to use it once the black ran out. It then said all my colour carts were empty even though I NEVER used colour!! Someone really needs to take this company to task. I spent nearly $300 when this Officejet Pro 8600 Plus All-In-One printer came out. The fact that they continue to perform this software scam is deplorable. They need to either issue a software fix or send out brand new equal value reliable printers. As a student just out of school, I really needed my printer. Instead I am left unable to afford these exorbitantly priced cartridges and I’m moving around a useless piece of plastic. Such a sneaky and dishonest company. I would hang my head in shame if I worked for HP. It’s unconscionable that they just plod right ahead with this scam.
Disgusted it sounds like you didn’t do enough research before buying that printer, and might have been better off buying a different class, like the 4xxx Envy line which doesn’t use pigment ink, and therefore lets you get the cheap ink sent right to your door by HP. The pigment based printers are a different beast entirely, and you got the cheapo type and also paid way too much for it at that, again, possibly due to a lack of research on your part.
This is a frivolous lawsuit. It appeals to those far leftist types that refuse to be accountable for anything they ever do, and the awards reflect that.
also RTFM ktanxbai
hp is a number 1 pices of shit the inks go fast and then spend an other 98.25 for colors what wasted of money I hope the china people know what they did wrong they get pay 5 cent an hours a cheap rate..
will never get one ever agin
HP is not the only printer maker that uses this scam
I have a HP printer and I keep getting the ink notices all of the time. I want to know why wasn’t I informed about this important piece of legislation.
I am contacting the corporate office tomorrow.
Good luck the HP contact the CEO web page has crashed with so many people who are contacting HP complaining about not being notified about the settlement.
With less than one percent responses to the lawsuit should have been a red flag to the courts, HP and the lawyers.
Hi like most of you, I too knew nothing about the class action suit and lost out. I just bought another hp. Mine were all registered too. No notice did I receive. Patricia I see you said you called where exactly did you call. the number I mean if you don’t mine sharing that with us. Today is the first I heard of it. 6.00 dollars isn’t much considering they each cost 13-20.00 a cartridge depending on where you purchase but it’s better then nothing
I went to the HP website and found the “e-mail the CEO” page where I complained about not being notified of the lawsuit.
I gave them my phone number and they called me back within 3 days.
Yesterday I received a complete set of 4 ink cartridges a value of over $60.00, they could have just sent me a voucher of $6.00 and I would have been a happy camper.
The squeaking wheel does get the grease.
I have 2 eligible printers.
I had register my printer and I e-mail the CEO of HP I did get a response to my complain about not being notified about the lawsuit or the settlement.
I will be getting a free cartridge for my printer which is more than the $6.00 voucher is worth.
Quit complaining and e-mail the CEO of HP and maybe they will send you a free cartridge too.
I am just now finding out about this also, There must be others, Someone needs to be responsible to get information out to the public.