HP must face printer lawsuit, judge rules

Dismisses HP's own attempt at dismissal - again

A federal judge has ruled that HP must face a class action lawsuit in the USA, in which plaintiffs contend that the company's all-in-one printers stop operating entirely when ink levels become low.

Filed in June in the Northern District of California federal court, the lawsuit has faced several dismissal attempts from HP - but last week, US District Judge Beth Labson Freeman tossed out the company's second attempt to have the suit dismissed on technical legal grounds.

Judge Freeman had dismissed the initial complaint last year, citing its failure to adequately present a claim. But she permitted the plaintiffs to revise and resubmit their claim, which they did in February this year.

Customers in the potential lawsuit argue that HP has purposefully designed its all-in-one printers to cease scanning or faxing functions, which do not rely on ink, when ink levels are low. They allege that the company is trying to artificially boost profits through increased ink sales.

The plaintiffs claim that HP concealed the fact that its printers enter into an "error state" when ink levels are low from customers.

They also argue that there is "ample" documentation to demonstrate that ink is not essential for scanning or faxing documents. They say it is feasible to produce an all-in-one printer that retains the ability to scan or fax without ink.

Judge Freeman recognised the assertions that HP was aware of the defect. This determination was founded on a message board post, where a support agent told a customer that their printer would be non-functional without ink.

In addition, Judge Freeman also found that HP shipped devices with ink cartridge constraints related to non-printing functionalities during the warranty period.

She also upheld other claims, opting to only dismiss the plaintiffs' plea for equitable restitution under the Minnesota Deceptive Trade Practices Act. Otherwise, Freeman stated that "these allegations are sufficient" for the case to progress.

This isn't the first instance in which HP has faced legal action related to accusations of improperly locking its printers.

In 2022, the company settled a European lawsuit, which claimed it employed security chips and DRM-like software to hinder the operation of third-party cartridges in HP printers, for $1.35 million.

Another printer manufacturer, Canon, faced a lawsuit in 2021 for the same reasons, where the non-printing features of the company's all-in-one printers were deactivated when ink levels were low.

That case was resolved late last year for an undisclosed amount.