HP WEASELS OUT OF $5M. CARTRIDGE LAWSUIT WITH FREE COUPONS

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Date: Tuesday December 14, 2010 09:10:17 am
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    http://westlawnews.thomson.com/California_Litigation/Insight/2010/12_-_December/HP_uses_%E2%80%98e-credits%E2%80%99_to_settle_suit_over_premature_ink_depletion/

    HP WEASELS OUT OF $5M INK CARTRIDGE LAWSUIT WITH FREE INTERNET COUPONS
    HP uses ‘e-credits’ to settle suit over premature ink depletion
    A
    California federal court has preliminarily approved Hewlett-Packard
    Co.’s proposal to give consumers $5 million in coupons redeemable at its
    online store to settle several class-action lawsuits alleging that its
    inkjet printers prematurely depleted or disabled their ink
    cartridges.The lawsuits, filed in the U.S. District Court for the
    Northern District of California, allege violations of state consumer
    protection statutes, breach of warranty and unjust enrichment.  Each of
    the plaintiffs sought to lead a nationwide class of HP printer users
    going as far back as 2001.

    The suits claim that HP’s inkjet
    printers, faxes and copiers are programmed to force customers to
    prematurely buy new ink cartridges.  The machines either forcibly
    deplete the cartridges’ ink supply or deactivate the cartridges before
    their ink has run out, the plaintiffs say.Further, the suits say, the
    devices would often refuse to function at all, even when attempting to
    perform actions like faxing or scanning that do not require ink, until
    the cartridge was replaced.As part of the settlement, HP has agreed to
    change the “low on ink” message to say that ink level messages are
    estimates only.  The messages will also say the cartridge may be used
    until the print quality becomes unacceptable.HP will also clearly
    disclose how to disable “underprinting,” or printing black text with
    color ink or a combination of black and color ink.  Users will be able
    to, for example, select a “black print cartridge only” mode.

    The
    company will also clearly disclose the expiration date for ink
    cartridges and will state why expiration dates are used.Further, HP will
    set aside $5 million to provide credits worth $2 to $6 redeemable at
    its website.  The credits will be redeemable for the purchase of
    printers and printer supplies.  Class counsel will receive $2.9 million
    in attorney fees.The settlement is subject to final court approval.  A
    hearing is scheduled for Jan. 28.The plaintiffs were represented by
    Justin T. Berger of Cotchett, Pitre & McCarthy in Burlingame, Calif.

    http://westlawnews.thomson.com/California_Litigation/Insight/2010/12_-_December/HP_uses_%E2%80%98e-credits%E2%80%99_to_settle_suit_over_premature_ink_depletion/

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