Judge kicks out HP’s firmware Class Action motion

October 18, 2021

The class action was filed in December 2020 and alleges HP’s firmware updates act as “malware”. HP subsequently filed a motion to dismiss firmware Class Action Complaint which was denied by the Judge.

On Friday 15 October, United States Magistrate Judge, Susan van Keulen denied HP’s motion to dismiss the Class Action Complaint finding that Plaintiffs allege that Defendant violated their individual rights and that they suffered injuries as a result of Defendant’s conduct. Additionally, the Court finds that Plaintiffs’ alleged injuries are “concrete and particularised.”

Furthermore it said: “The Court finds that Plaintiffs have set forth sufficient “general factual allegations of injury resulting from the defendant’s conduct” to survive a 12(b)(1) motion to dismiss.”

The Plaintiff’s may file an amended complaint by 29 October but may not add any new causes of actions or parties without leave of the Court.

The Class Action was filed against HP alleging the companies firmware updates act as “malware” by 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 complaint against HP was filed on 17 December 2020 in the United States District Court Northern District of California.