Canon faces new Class Action Complaint

September 4, 2023

The Complaint alleges that Canon’s multifunction devices have “functions are inexplicably restricted” (like scanning and faxing) when ink is low.

Christopher Bozyk, individually and on behalf of all others similarly situated, filed a Class Action Complaint against Canon U.S.A. Inc. alleging “Canon’s advertising claims are false, misleading, and reasonably likely to deceive the public.”

The Complaint was filed in the United States District Court Eastern District of New York, calling it a “Design Defect” that Canon does not warn consumers about that “ink is a necessary component in order to scan or fax documents.”

Bozyk claims in the complaint that “If Plaintiff knew that the All-in-One Printers suffered from the Design Defect, he would not have purchased an All-in-One Printer on the same terms, if at all.”

The All-in-One Printers at issue include: MAXIFY GX7020, MAXIFY GX6020, PIXMA TS3520, PIXMA G3260, PIXMA G7020, PIXMA G2260, PIXMA MX330, PIXMA MX452, PIXMA MX472, PIXMA TS9520, PIXMA TR8620, PIXMA TS6420, PIXMA TS6320. PIXMA TR4520, PIXMA MG3620, PIXMA MG2522, PIXMA TS3320, PIXMA TS3322, PIXMA TR7020, PIXMA TS9521C, PIXMA TS8320, PIXMA TR8520, PIXMA TR7520, and any and all subsequent and predecessor models (the “All-in-One Printers” or the “Printers”). The Plaintiff reserves the right to amend this list if further investigation or discovery reveals that the list should be amended.

In a significant legal setback for HP (Hewlett-Packard) in recent weeks, a class action lawsuit also targeting the company’s “all-in-one” printers has successfully overcome a motion to dismiss. The case centres on allegations that these printers turn off scanning and faxing functions when ink levels are low, even though such functions do not inherently require ink.

The plaintiffs, who filed the lawsuit, claim that HP’s printers contain a deliberate design flaw that forces users to purchase more ink cartridges than necessary. They argue that HP’s failure to disclose this limitation misleads consumers, ultimately driving up profits from ink cartridge sales. With printer ink costing anything up to €1,800 ($2,300) per litre, the financial burden on consumers is substantial, potentially overshadowing the prices of luxury goods like silver, caviar, and champagne.

This ruling challenges HP’s defence strategy and raises broader questions about consumer rights and corporate accountability.