We Never Agreed To Only Buy HP Ink, Say Printer Owners

HP 'sought to take advantage of customers' sunk costs,' printer owners claimed this week in a class action lawsuit against the hardware giant. The Register: Lawyers representing the aggrieved were responding in an Illinois court to an earlier HP motion to dismiss a January lawsuit. Among other things, the plaintiffs' filing stated that the printer buyers 'never entered into any contractual agreement to buy only HP-branded ink prior to receiving the firmware updates.' They allege HP broke several anti-competitive statutes, which they claim: 'bar tying schemes, and certain uses of software to accomplish that without permission, that would monopolize an aftermarket for replacement ink cartridges, when these results are achieved in a way that 'take[s] advantage of customers' sunk costs.''

In the case, which began in January, the plaintiffs are arguing that HP issued a firmware update between late 2022 and early 2023 that they allege disabled their printers if they installed a replacement cartridge that was not HP-branded. They are asking for damages that include the cost of now-useless third-party cartridges and an injunction to disable the part of the firmware updates that prevent the use of third-party ink.

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