David Leacraft on behalf of himself and all others similarly situated, filed a Class Action Complaint in United States District Court for the Eastern District of New York alleging that Canon does not represent or warn consumers that ink is a necessary component in order to scan or fax documents.
The court documents seen by The Recycler say that the class action is brought on behalf of all persons who purchased Canon “All-in-One” printers like its PIXMA and MAXIFY range and alleges that “Canon does not represent or warn consumers that ink is a necessary component in order to scan or fax documents. As a result, consumers are forced to incur unexpected and unnecessary burden and expense in the form of ink purchases or in the alternative be unable to scan or fax documents using the so-called all-in-one device.”
The Plaintiff explains that: “If Plaintiff knew that the All-in-One printers suffered from the Design Issue, he would not have purchased an All-in-One printer on the same terms, if at all.”
Leacraft purchased a Canon PIXMA MG2522 All-in-One Printer from a Walmart retail store located in East Meadow, New York. He purchased the Canon PIXMA MG2522 All-in-One printer to use for its advertised scanning purposes. After purchasing and using the device, he learned that the device does not function as a scanner if the ink cartridges are low or empty.
The Complaint claims “Leacraft would not have purchased the device or would not have paid as much for it had he known that he would have to maintain ink in the device in order to scan documents.”
David Leacraft on behalf of himself and all others similarly situated accuses Canon of breach of express warranty, violation of New York general business law §349 and §350 and unjust enrichment.
Plaintiffs demand a trial by jury.
