HP back in court with a firmware class action and is accused of using firmware updates as malware to render competitors’ supply cartridges incompatible with HP printers.
On 17 December a new Class Action was filed against HP in the United States District Court Northern District of California, alleging HP’s firmware updates act as “malware”.
The complaint was filed by s Mobile Emergency Housing Corp., and Track Rat Enterprises, Inc. d/b/a Performance Automotive & Tire Center, individually and on behalf of others similarly situated, the plaintiffs allege that “HP wrongfully compels users of its printers to buy and use only HP ink and toner supplies by transmitting firmware updates without authorization to HP printers over the Internet that lock out its competitors’ ink and toner supply cartridges.”
The documents even go as far as saying “HP’s firmware “updates” act as malware—adding, deleting or altering code, diminishing the capabilities of HP printers, and rendering the competitors’ supply cartridges incompatible with HP printers.”
The plaintiff’s say in their complaint that “HP’s malware transmission is unannounced, automatic (on the part of printer owners), and unsolicited. The firmware update, or the portion of the firmware update that renders third-party ink and toner incompatible with HP printers, serves no legitimate business purpose.”
As part of the Class Action, the plaintiffs “seek actual, statutory, and exemplary damages, restitution, and an injunction requiring HP to reverse the effects of its malware transmissions insofar as they render once compatible ink and toner cartridges obsolete, and prohibiting HP from sending such transmissions in the future without obtaining the fully informed consent of each printer owner.”
Plaintiffs request a trial by jury.
