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Dutch Courts reject damage claims in dynamic security complaint

March 31, 2023

Dutch courts reject €382,180 damages claim by 970 individuals who assigned their claims against HP to the 123inkt Private Label Customers Foundation.

On 13 March 2023, the Dutch courts published their decision to reject the damages claim of €382,180 ($415,911) in damages on behalf of 970 (legal) persons who have assigned their claims against HP to the Foundation. 

In September 2016, HP released a firmware update that caused 123inkt.nl to receive numerous complaints about their private label cartridges not working in various HP printers. Users received an error message stating there was a problem with the cartridge and to replace it with a new one, even though there was nothing wrong with the 123inkt.nl cartridges.

The issue was determined to be caused by a recent firmware update to the printers. This update included pre-programmed instructions that prevented the chip on private label cartridges from being read, rendering them unusable. As a result, customers who had purchased private label cartridges were deceived into thinking their cartridges were defective.

In response to the issue, the 123inkt Private Label Customers Foundation (Foundation) was established in September 2016, the Foundation’s goal is to prevent similar problems from occurring in the future, and it is also dedicated to compensating any damages caused by HP’s actions for its members.

In December 2019, the Amsterdam Court of Appeal ruled that HP acted unlawfully due to incorrect and inadequate information about the cause and solution of a blockade [firmware update] of private label cartridges implemented by HP worldwide in September 2016. The Amsterdam Court of Appeal ruled that HP is liable for the damage suffered by participants of Stichting 123inkt private label customers.

The Foundation also claimed damages of €382,180 ($415,911) on behalf of their members who had assigned their claims against HP to the Foundation. The Dutch courts have now rejected the damages claim and ordered the Foundation to pay the costs of the proceedings.

Categories : Around the Industry

Tags : 123inkt 123inkt Private Label Customers HP Inc Lawsuit

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