HP LaserJet Litigation Reaches Proposed Settlement
A Proposed Settlement has been reached in two class action lawsuits involving certain HP LaserJet printers.
The first lawsuit, Baggett v. Hewlett-Packard, claimed that HP designed certain color LaserJet printers and cartridges to prevent printing after a certain amount of use even though toner remained in the cartridge that could be used to print additional pages. Baggett claimed that HP represented cartridges as “empty” and/or in need of replacement even though toner remained in the cartridges, and that this technology prevented purchasers from using all of the allegedly useable toner in the cartridge, from printing additional available pages and from using all of the printer’s functions (such as continued printing) until the cartridge at issue was replaced. Baggett also claimed that HP interfered with the right of purchasers to possess and use all of the toner in the HP cartridges and/or to print additional pages.
The second lawsuit, Young v. Hewlett-Packard, involves different HP color LaserJet printers than those at issue in the Baggett lawsuit, but makes similar allegations and further alleges that HP failed to properly disclose that the relevant color LaserJet print cartridges include an “override” mechanism that permitted a user to continue printing as long as desired after any interruption or termination of printing caused by the toner level in the cartridge.
Both lawsuits are now combined as one called HP LaserJet Printer Litigation. HP has denied all claims.
The United States District Court for the Central District of California, with Honorable Andrew J. Guilford presiding, ruled in favor of HP in each case. Each case has been appealed to the United States Court of Appeals for the Ninth Circuit. But in order to avoid the expense and risks of continuing the lawsuit, the parties agreed to a Proposed Settlement, which all parties agreed is in the best interest of all class members.
In the terms of the Proposed Settlement, HP has agreed to post on its website a description of the operation of the affected models as it pertains to any interruption or termination of printing caused by toner level in their print cartridges, including a description of the mechanism in certain printers that allows users to “override” any termination in printing caused by the level of toner in the cartridges.
HP also will contribute up to $5,000,000 in e-credits to be distributed to class members who purchased, leased, received as a gift or otherwise acquired in the United States a printer on the “Affected Models” list. If the aggregate value of the e-credits to be awarded to class members exceeds $5,000,000, then the value of the individual e-credits to be provided to each class member shall be reduced on a pro rata basis, such that the aggregate value of e-credits does not exceed $5,000,000.
For more information on the Proposed Settlement, including the “Affected Models” list, visit www.hplaserjetprintersettlement.com