Judge Denies Class Action Win in HP Case
A class action suit against HP that has been before the courts in San Francisco since 2020 has taken an unpredicted turn in favor of HP.
In documents provided to RT Media, it seems U.S. District Judge Vince Chhabria (pictured) has found “glaring” problems with the case.
In the lawsuit, John Cepelak, Judy Chambers, Jim Dickinson, and Marcia Nupp accused HP of violating consumer law. They claimed their inkjet printers used color inks, even when printing just in “black and white.” They called this “underprinting.” They also claimed that the printers stopped working when the color ink ran out, even though black ink was still available in the printer and they only wanted to print in “black and white.” The plaintiffs called this “print-to-stop”.
HP, on two occasions, had attempted to have the case dismissed. This was denied, albeit HP’s request that the plaintiff’s claim for monetary relief was upheld.
However, on October 20, 2022, Judge Chhabria ruled that class certification would not be permitted because of “glaring” problems he found in the case. Three of the four plaintiffs did not even own a “print to stop” inkjet printer and one actually admitted they liked the “print to stop” function.
All parties have until November 30, 2022 to consider their various positions. It certainly looks very much in the favor of HP.
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