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Epson faces new firmware Class Action

March 3, 2021

On 25 February, John Galgon, individually and on behalf of all others similarly situated, filed a Class Action Complaint against Epson America, Inc. alleging that “Epson’s firmware “updates” act as malware”.

In its complaint, John Galgon claims that Epson wrongfully compels users of its printers to buy and use only Epson ink and toner supplies by transmitting firmware updates without authorisation to Epson printers over the Internet that lock out its competitors’ ink and toner supply cartridges.

“Epson’s firmware “updates” act as malware—adding, deleting or altering code, diminishing the capabilities of Epson printers, and rendering its competitors’ supply cartridges incompatible with Epson printers,” he added.

Galgon continued: “Epson’s malware transmissions are unsolicited. Epson foists the firmware update to users under the guise of repeated pop-up messages asking users to update their firmware.”

The printers named in the Class Action are Epson XP-440, XP-640, WF-4734, and all other models affected.

The Plaintiff requests a trial by jury.

Editors opinion: Consumer complaints about OEM firmware seem to be on the increase, but the lawyers just tough it out to defend the twentieth century razor and blades business model. At some point the OEM shareholders are going to wake up and smell the coffee and bring about change or sell their shares. 

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