July 15, 2021
The complaint was filed by Radek Barnert, and others against HP Inc (HP) and their instant ink programme. Barnerts first complaint is that “HP routinely fails to timely provide subscribers with replacement printer cartridges, and, even when it does, subscribers find themselves overwhelmed with errors that prevent them from printing.” The complaint adds that “as a result, subscribers have been unable to use their printers for extended periods of time, rendering their printers entirely worthless, as those printers cannot accomplish their sole purpose: printing.”
Barnert claims that when Subscribers complain about these issues, HP advises it cannot fix the problems.
The second claim is that “the ink cartridges supplied through the Programme will not function if subscribers cancel their subscriptions, meaning that subscribers must remain subscribed to the Programme in order to use the ink cartridges supplied by HP; otherwise, they are required to purchase costly replacement ink cartridges from local retailers to continue using their printers after cancelation.”
Barnert alleges that “all subscribers are harmed by HP’s failure to deliver upon its promises because they do not receive the full value of the service that they pay for. Indeed, the entire purpose of the Program is to ensure than subscribers “never run out” of ink and receive “ink the moment [they] need it,” but, due to HP’s failures, this simply does not happen.”
The Class Action Complaint was filed in the United States District Court Northern District of California San Jose Division against HP Inc. and its instant ink programme.
Plaintiff requests a trial by jury, and is asking for an injunction requiring “Defendant to cease the unlawful business practices described herein and otherwise protecting the interests of Plaintiff and the Classes and/or Subclasses, including requiring HP to correct its false statements regarding its ability to maintain functioning printers under the Instant Ink Program in accordance with its environmental promises”.
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