A U.S. District Judge for the Northern District of California has signed a settlement agreement between HP and its customers who sued the company over its release of a firmware update that made their printers inoperable with third-party ink and toner.
In December 2020, Mobile Emergency Housing Corp. and Performance Automotive & Tire Center filed a class action lawsuit [PDF] against HP, accusing the company of “unauthorizedly transmitting firmware updates for HP printers over the Internet, thereby locking out competitors’ ink and toner cartridges and unlawfully coercing printer users to purchase and use only HP ink and toner.” The lawsuit pertains to a firmware update released in November 2020; the lawsuit seeks a court ruling that HP’s actions were unlawful, an injunction barring the firmware update, and monetary and punitive damages.
“HP firmware updates act as malware — adding, removing, or changing code that degrades the functionality of HP printers and makes competitor cartridges incompatible with HP printers,” the 2020 complaint states.
HP calls the use of updates to block printers from using third-party ink and toner “dynamic security.” The term refers to locking down a device as a security measure. HP has stood by that claim in recent years, though security experts Ars spoke with agree that printer users have no reason to worry about ink-based hacks.
After years of litigation, HP reached a settlement with the plaintiffs in August 2024, which was approved by Judge Susan Van Cuylen on Tuesday [PDF].
Under the agreement, HP did not admit to any wrongdoing. Additionally, HP will not provide any financial compensation to customers affected by the November 2020 firmware update.
However, HP agreed to pay $5,000 each to Mobile Emergency Housing Corp., Performance Automotive & Tire Center and David Justin Lynch, who was eventually added to the complaint, “as compensation for their services on behalf of the class,” HP said. The company will also pay $725,000 in attorney fees and costs.
A big benefit for HP users is that the company has made a legal commitment that allows users of certain printers to opt out of receiving firmware updates for dynamic security features. The terms of the now-approved settlement provide for the following:
… HP has agreed to continue to disclose certain dynamic security and data collection information to users of Class Printers, and to allow users of Class Printers to choose to accept or decline firmware updates that contain dynamic security features. HP has agreed to continue to disclose information including: HP’s collection of print cartridge data from Class Printers through the HP Smart app; HP’s dynamic security measures designed to block the use of cartridges with third-party chips; and these measures may be implemented on printers through periodic firmware updates.
However, this requirement only applies to certain HP printer models (called “category printers”), namely:
All of these printers were affected by the November 2020 firmware update that is the subject of the lawsuit. However, many HP printers protected by Dynamic Security are not on this list. HP, which has faced criticism and lawsuits for suddenly introducing Dynamic Security restrictions on printers purchased in 2016, has now informed users that Dynamic Security protection can only be removed from certain printer models manufactured before December 1, 2016.
HP also now includes a warning on the product pages of most of the printers it sells that the device “only works with cartridges containing new or reused HP chips” and uses dynamic security “to block the use of cartridges containing third-party chips.”
“Regular firmware updates will maintain the effectiveness of these measures and block previously working cartridges. The reusable HP chip allows the use of reusable, remanufactured, and refilled cartridges,” the disclaimer states, linking to the Dynamic Security support page. The support page states, “Most HP printers can be set to receive updates automatically or through notifications that allow you to choose whether to update.” However, some HP programs, such as Instant Ink, require users to enable automatic firmware updates on their HP printers.
What this all means is that, despite the recent settlement approval, Dynamic Security remains a key component of most HP printers, and HP still feels justified in suddenly blocking printers manufactured after December 1, 2016, from using non-HP ink and toner via a firmware update. Owners of HP printers manufactured after that date that support automatic updates and still work with non-HP accessories shouldn’t be surprised if the feature suddenly stops working.
While HP hasn’t paid any money to the class members this time, it has previously agreed to pay millions of dollars for printer failures: In 2022, HP agreed to pay $1.35 million to European customers; In 2020, the Italian antitrust agency fined HP €10 million. In 2019, HP said it would pay $1.5 million to settle a similar class action in California; In 2018, HP paid about AUD$50 to each Australian customer affected by the Dynamic Security issue.
In January 2024, a class action lawsuit was filed in the U.S. District Court for the Northern District of Illinois against HP over its ink practices. The lawsuit alleges a Dynamic Security firmware update released “in late 2022 or early 2023” and accuses HP of “creating a monopoly in the aftermarket for replacement cartridges” [PDF]. The plaintiffs seek an injunction finding HP in violation of the law, injunctive relief against Dynamic Security, and monetary and punitive damages.
Another lawsuit filed in mid-2022, which concerned the inability of some HP MFPs to scan or fax when they ran out of ink, was dismissed.
But HP’s printer division has other pressing issues to address. Earlier this month, a firmware update caused some HP printer models to crash, preventing them from printing even with HP ink. HP told Ars last week that it was “actively working on a resolution.”
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Post time: Apr-09-2025