Class-action lawsuit accuses HP of monopolizing aftermarket ink cartridges

[Daniel Sims]

Recap: HP seems to have embraced the role of the villain in the realm of printers and ink cartridges, as controversies surrounding the company persist. Legal battles have arisen over its customer policies, with recent arguments focusing on whether consumers knowingly agree to exclusively purchase HP ink when buying one of the company's printers.

Lawyers representing plaintiffs have rejected one of HP's arguments against a class-action lawsuit filed in January. HP has long been criticized by customers for repeatedly blocking the use of alternatives to its expensive ink cartridges.

The lawsuit primarily revolves around a firmware update that began rolling out in late 2022. Plaintiffs allege that this update rendered third-party cartridges unusable in HP printers. Cartridges from HP and other companies are known for their high prices, with annual costs sometimes exceeding $70. Additionally, the lawsuit accuses HP of raising prices around the same time it released the patch.

Plaintiffs argue that HP's actions – locking customers in while raising prices – amount to a monopoly on aftermarket replacement cartridges. They are seeking compensation for unusable third-party cartridges and overcharging. However, the company contends that federal law does not permit customers to sue for overcharging. HP claims that the law clearly states that HP printers are designed to function only with HP ink cartridges.

In response to HP's motion to dismiss the lawsuit, lawyers representing the plaintiffs argued that customers never agreed to exclusively purchase HP ink. The case revolves around the validity of the company's razor-and-blade strategy, where it sells relatively inexpensive printers and profits from expensive replacement ink, effectively locking customers in.

The company's intention to force its cartridges on users has been evident. CFO Marie Myers acknowledged this in December. CEO Enrique Lores, discussing the lawsuit with CNBC in January, referred to customers who don't consistently use the company's printers and cartridges as "bad investments."

HP has faced criticism from regulators and plaintiffs for employing digital rights management (DRM) to block third-party and refilled cartridges. It has had to compensate customers in multiple countries, faced criticism for allegedly disabling scanning and faxing functions when ink runs low, and been accused of installing its printer app onto all Windows PCs without consent.

Last month, HP introduced a subscription service that openly encourages users to continually pay to use its printers. Starting at $6.99 a month, customers receive a printer, round-the-clock customer service, and refill shipments before their ink runs out.

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Class-action lawsuit accuses HP of monopolizing aftermarket ink cartridges

 

[m4a4]

Of all the things that need regulation, how has this not yet?

 

[The Talking Tech]

Now this is the lawsuit I have been waiting for.

HP have been monopolizing the system for way too long with their newer printers only accepting their own ink cartridges.

 

[Uncle Al]

HP is long overdue for this action .....

 

[yRaz]

Of all the things that need regulation, how has this not yet?

A large portion of the extra cost of the ink cartridges is for the lobbyists

 

[d5aqoep]

I use HP Laserjet Tank MFP 2606sdw where it only requires me to empty a powder sachet into the designated opening and off it goes to print another 5000 pages. Costs me ₹1500 ($20) from HP or ($10 from afternarket companies). This lasts me for a year. People should do a little bit of research and get ink-tank or Laserjet Tank line from HP.

OR

Get a Brother printer who are chill about aftermarket stuff.

 

[MJprintertechNYC]

Maybe HP should just void your warranty instead for using often faulty aftermarket inks and toners. Leaks, noise and utter destruction of printers often follow with usage of aftermarket inks and toners.

 

[Marco Mint]

The thing is, these manufacturers are moving away from locking down their ink cartridges and moving it to locking you down with whats called a 'maintenance box'.
It's where all the waste ink goes. They used to have it so the ink would eventually fill up an ink sponge and the printer (such as my Canon) would no longer print. After doing a deep clean, due to some of the colours missing it would be even worse. The printer was in effect, done after that.
Now they're bringing out all these new printers with ink tanks and that maintenance box which is basically a tank that collects waste ink and can be replaced. BUT it has a chip in it and needs the official part put in to reset the printer to be able to work again. You cannot just clean it and put it back in. They're a bunch of con artists!
A printer's handy now and then, but I rarely use it and just haven't bothered buying a new one due to this kind of practice. I certainly wont be giving any more money to Canon. Currently the Epson seems the better value where maintenance goes as the box is around £15. It's still just an extra way to get more money out of you though.

 

[Velereon]

What I think is funny about their smugness is that there's two companies with comparable printers in most categories who are totally abandoning the business strategy of trying to trap you in an ink ecosystem and a subscription for a printer that you probably use like twice a year.

And I'm thinking of 24-in printers but both canon and Epson make desktop printers as well. I asked the canon rep if I could use any ink, and she said " well yes but we've only tested it with our ink so I can't promise you that you're not going to clog the printhead or cause some other issue to the machine"

for HP there is a very convoluted workaround on at least the T210 and up, but you need two sets of cartridges. (And I saw posts online saying this didn't work anymore, But I bought third party ink just to try it and it worked for me and my printer is relatively new so maybe it was temporarily blocked and then they just forgot to keep blocking it? I don't know)

 

[Velereon]

I use HP Laserjet Tank MFP 2606sdw where it only requires me to empty a powder sachet into the designated opening and off it goes to print another 5000 pages. Costs me ₹1500 ($20) from HP or ($10 from afternarket companies). This lasts me for a year. People should do a little bit of research and get ink-tank or Laserjet Tank line from HP.

OR

Get a Brother printer who are chill about aftermarket stuff.

Canon and Epson are now also very chill. The rep from canon told me when I asked if I could use any ink that I could but she couldn't promise me that it would work or that it wouldn't damage the printer because they've only tested with their ink and I was like yeah that's fine I understand how ink works

 

[Velereon]

The thing is, these manufacturers are moving away from locking down their ink cartridges and moving it to locking you down with whats called a 'maintenance box'.
It's where all the waste ink goes. They used to have it so the ink would eventually fill up an ink sponge and the printer (such as my Canon) would no longer print. After doing a deep clean, due to some of the colours missing it would be even worse. The printer was in effect, done after that.
Now they're bringing out all these new printers with ink tanks and that maintenance box which is basically a tank that collects waste ink and can be replaced. BUT it has a chip in it and needs the official part put in to reset the printer to be able to work again. You cannot just clean it and put it back in. They're a bunch of con artists!
A printer's handy now and then, but I rarely use it and just haven't bothered buying a new one due to this kind of practice. I certainly wont be giving any more money to Canon. Currently the Epson seems the better value where maintenance goes as the box is around £15. It's still just an extra way to get more money out of you though.

what print are you talking about? Canon has recovered significantly. their printers are much better than they were, at least their wide format printers. over the past 4 years I've used a lot of different types of printers and sizes and had to go to a lot of forum posts with people saying the printer is bad or the company is a scam. And I also was having that reaction. But I don't think that's really the thing that's happening a lot of the time.

1) printers are very intricate devices and a lot of things can go wrong, so under heavy use it is normal to need frequent maintenance... and of course you have to use proprietary parts when you are repairing the printer. everything is specific to the printer itself. if anything you could argue HP is doing the worst thing in this regard because they have so many sub-models of each model. But I replaced the page cutter in HP, I replaced the printhead in my Epson like twice, I replaced a bunch of belts, etc.
2) people don't clean their printers regularly. if they use them a lot and then there's an enormous problem like what you're describing where they then have to replace parts because it's gotten so bad and it's like no you don't have to actually wait until that happens. especially rollers. if your rollers are dirty then the printhead eventually gets dirty and then it's shooting ink out when it's trying to clean itself or clear a clog.
3) people will buy ink in bulk and then they'll try to use it like months and months after they bought it and that's not how it works. you kind of need to like use it when you get it because It will dry and clog the cartridge. The way that I kept failing at this was not using a specific printer for like months like not printing on it at all and then the printhead was clogged and all the cartridges were clogged so I basically had to replace all of them.

But pro tip if you take a q-tip with like a tiny bit of water or rubbing alcohol (you'll have to look at the service manual, not the user manual, the service manual, to know if you can use alcohol on something but in general it's safe as long as it's not on a microchip) And gently, very very gently wipe the printhead like where the ink comes out, wipe the belts down and then lubricate them, because if the printhead is not moving properly it will be pushing out too much ink when it cant and it will clog itself.

also some printers have a brush that's to the right of where the print head sits, or away from where the page feeds through, do you have to replace that brush every once in awhile if it gets like scrunched up or bunched or frayed, But you can also use a q-tip on that and I've never had to replace it but I can see easily how one would have to And judging from forum posts this is a common issue. cleans the printhead and if it's like completely soaked in ink then it's probably uncleanable without destroying it and obviously it can't do what it's supposed to do.

 

[Raymundo86]

I used to love HP products, but now the computers and printers are garbage.

 

[human7]

Even though ink replacement is not a repair per se, would right to repair bills force HP to allow consumers to buy and use third party ink?

 

[sdms96825]

Just buy a Brother.

At least, for now.

 

[Marco Mint]

what print are you talking about? Canon has recovered significantly. their printers are much better than they were, at least their wide format printers. over the past 4 years I've used a lot of different types of printers and sizes and had to go to a lot of forum posts with people saying the printer is bad or the company is a scam. And I also was having that reaction. But I don't think that's really the thing that's happening a lot of the time.

1) printers are very intricate devices and a lot of things can go wrong, so under heavy use it is normal to need frequent maintenance... and of course you have to use proprietary parts when you are repairing the printer. everything is specific to the printer itself. if anything you could argue HP is doing the worst thing in this regard because they have so many sub-models of each model. But I replaced the page cutter in HP, I replaced the printhead in my Epson like twice, I replaced a bunch of belts, etc.
2) people don't clean their printers regularly. if they use them a lot and then there's an enormous problem like what you're describing where they then have to replace parts because it's gotten so bad and it's like no you don't have to actually wait until that happens. especially rollers. if your rollers are dirty then the printhead eventually gets dirty and then it's shooting ink out when it's trying to clean itself or clear a clog.
3) people will buy ink in bulk and then they'll try to use it like months and months after they bought it and that's not how it works. you kind of need to like use it when you get it because It will dry and clog the cartridge. The way that I kept failing at this was not using a specific printer for like months like not printing on it at all and then the printhead was clogged and all the cartridges were clogged so I basically had to replace all of them.

But pro tip if you take a q-tip with like a tiny bit of water or rubbing alcohol (you'll have to look at the service manual, not the user manual, the service manual, to know if you can use alcohol on something but in general it's safe as long as it's not on a microchip) And gently, very very gently wipe the printhead like where the ink comes out, wipe the belts down and then lubricate them, because if the printhead is not moving properly it will be pushing out too much ink when it cant and it will clog itself.

also some printers have a brush that's to the right of where the print head sits, or away from where the page feeds through, do you have to replace that brush every once in awhile if it gets like scrunched up or bunched or frayed, But you can also use a q-tip on that and I've never had to replace it but I can see easily how one would have to And judging from forum posts this is a common issue. cleans the printhead and if it's like completely soaked in ink then it's probably uncleanable without destroying it and obviously it can't do what it's supposed to do.

Google "Error Code 5b00".
Or you could watch this guys video, who's having the exact same problems as myself, along with many others.

 

[m4a4]

Even though ink replacement is not a repair per se, would right to repair bills force HP to allow consumers to buy and use third party ink?

If it can fall under the ban of parts pairing (assuming such a provision can be properly included), maybe.

 

[daffy duck]

I've alwasy been bemused by people that would buy HP garbage. I get that a lot of companies with their braindead IT departments would lock into contracts with these scumbags, but normal consumers should avoid them like the plague. Even if they weren't doing all this crap with ink their support and drivers have always been a joke and their printers just aren't than damn good.

 

[Endymio]

Of all the things that need regulation, how has this not yet?

If you don't like HP printers requiring HP cartridges, buy a different brand. Why do you need the government to solve problems you create for yourself through your own bad decisions?

 

[m4a4]

If you don't like HP printers requiring HP cartridges, buy a different brand. Why do you need the government to solve problems you create for yourself through your own bad decisions?

If you don't like me suggesting gov't stop anti-competitive/consumer practices, why did you waste time whining while missing the point?

 

[Endymio]

If you don't like me suggesting gov't stop anti-competitive/consumer practices, why don't you go to a different tech forum?

Or, do you want to try again without that braindead take?

Seems I struck a nerve. It's not your "suggestion" that causes problems; that happens when pandering government officials enact misguided policies based upon them.

For many years, HP sold consumer printers at a loss, to make up profits on consumables. You may not like this "loss leader" business model, but many consumers do -- and countless other firms use it, on everything from shaving razors to bananas and milk at the grocery store.

Free societies assume their of-age citizens are mature adults, not children who need to be protected from their own inability to make intelligent choices. If you prefer a nanny state, why not move to one?

 

[m4a4]

Seems I struck a nerve. It's not your "suggestion" that causes problems; that happens when pandering government officials enact misguided policies based upon them.

For many years, HP sold consumer printers at a loss, to make up profits on consumables. You may not like this "loss leader" business model, but many consumers do -- and countless other firms use it, on everything from shaving razors to bananas and milk at the grocery store.

Free societies assume their of-age citizens are mature adults, not children who need to be protected from their own inability to make intelligent choices. If you prefer a nanny state, why not move to one?

No, I was just matching your braindead energy. And then I toned it down.

I really don't care about that braindead take of yours beyond laughing at it. Did you even read the article, or understand the context of what HP is doing before you whined about my comment?

 

[VaRmeNsI]

Just buy a laser printer.

 

[masaaya4]

Seems I struck a nerve. It's not your "suggestion" that causes problems; that happens when pandering government officials enact misguided policies based upon them.

For many years, HP sold consumer printers at a loss, to make up profits on consumables. You may not like this "loss leader" business model, but many consumers do -- and countless other firms use it, on everything from shaving razors to bananas and milk at the grocery store.

Free societies assume their of-age citizens are mature adults, not children who need to be protected from their own inability to make intelligent choices. If you prefer a nanny state, why not move to one?

The issue is not HP's business model as such, it's that the people who buy a HP printer are most likely not making an informed decision. They need a printer, the local super market has a HP printer for 60$, which seems cheap. But then replacement cartridges is 25$ for 350 pages.

I haven't checked but I doubt the printer packaging warns about the low up front cost bring leveled out by high ink cost.

And not everybody have money laying around to buy the 120$ printer with inktank they should have purchased, when they already have the HP printer.

People cannot be expected to make informed decisions about everything they buy in life, there simply isn't the time to do the research (especially with Google results being so trash in modern age) that is why consumer protection laws are a good thing.

 

[Endymio]

The issue is not HP's business model as such, it's that the people who buy a HP printer are most likely not making an informed decision.

Oops! HP is indeed being sued over their business model. The suit specifically alleges HP is "monopolizing" the market for HP printer ink -- I.e. building printers that require HP ink cartridges.

not everybody have money laying around to buy the 120$ printer with inktank they should have purchased, when they already have the HP printer.

Not everyone has the $120 up front period, which is why the $60 HP printers selll. Not everyone has the money to pay cash upfront for a home or car, which is why they wind up paying massive amounts of interest to finance them. Should we shut down those too?

People cannot be expected to make informed decisions about everything they buy in life, there simply isn't the time to do the research

Translation: 'we're too dumb to be allowed freedom. Government, please babysit us."

 

[Endymio]

No, I was just matching your braindead energy. And then I toned it down.

I really don't care about that braindead take of yours beyond laughing at it. Did you even read the article, or understand the context of what HP is doing before you whined about my comment?

Why yes, I did read and understand it. I also read the suit itself, which states:

"....HP effectively monopolized the aftermarket for replacement ink cartridges in violation of federal and state antitrust laws, which forced HP printer owners to purchase only HP-branded ink at high prices and lose the value of any non-HP branded replacement ink cartridges."

In other words, the suit intends to in effect end HP's loss leader business model. If HP sells printers at a loss only to see consumers purchase ink from other vendors, that model lacks viability.

So now, I ask you again: why do you need the government to protect you for your own bad purchasing decisions?