HP OfficeJet Printers – Dynamic Security / Non-HP Ink Cartridges – Canadian Class Action Settlement
Date of Initial Application: September 26, 2016
PROPOSED CLASS ACTION SETTLEMENT
HP OfficeJet Printers Dynamic Security Canadian Settlement
A Settlement has been reached with HP Canada Co. and Hewlett Packard (Canada) Co. (collectively “HP”) in a class action related to Dynamic Security, a technology HP incorporated in certain of its inkjet OfficeJet printers. The Plaintiff alleged that Dynamic Security caused printers to stop working if they were using certain non-HP replacement ink cartridges. Under the Settlement HP agrees to not reactivate Dynamic Security in the Class Printers and to pay a maximum of $700,000 CAD following the receipt of valid individual claims. HP denies that it did anything wrong.
On January 21, 2019, the Superior Court of Quebec authorized the bringing of the national class action against HP for settlement purposes.
WHO IS INCLUDED?
You are a Class Member, and are included in the proposed Settlement, if you are a Canadian resident and owned a Class Printer between March 1, 2015 and December 31, 2017. The Class Printers are the following:
- HP OfficeJet Pro 6230
- HP OfficeJet 6812, 6815, 6820
- HP OfficeJet Pro 6830, 6835, 8610, 8615, 8616, 8620, 8625, 8630
- HP OfficeJet Pro X551dw, X451dn, X451dw, X576dw, X476dn, X476dw
WHAT CAN I GET?
To get compensation from the Settlement, you must be a Class Member who experienced a print interruption while using a non-HP replacement ink cartridge in a Class Printer between March 1, 2015 and December 31, 2017. You may get reimbursed for expenses you incurred as a result of the print interruption. If you provide documentation supporting your claim, these expenses may include the costs of a replacement cartridge, a replacement printer, or printing or printer repair services.
You can also submit a claim for out-of-pocket losses, without providing any documentation, if you spent time or money in response to this print interruption. Documented claims for out-of-pocket losses resulting from such print interruptions will be paid first. If the sum of all documented claims does not exceed the Settlement CAP of $700,000, then undocumented claims will be paid up to a maximum compensation of $50 per claim. However, if the sum of all undocumented claims at $50 per claim, when added to the sum of all documented claims, exceeds the Settlement CAP, the undocumented claims will be proportionally reduced—i.e., the actual amount of each undocumented claim will be reduced according to the percentage by which the value of all such claims exceeds the Settlement CAP. All Claimants must timely submit a duly completed and valid claim form to be able to obtain any compensation.
Only one (1) claim per civic address will be considered by the Claims Administrator. If the Claimant wishes to present more than one (1) claim per civic address, the Claimant must provide the serial numbers for the printers at issue, unless HP already has product registration records indicating more than one printer for the same Claimant or same civic address.
Note: For all Claimants residing in the Province of Quebec, and according to the Law, there will be an automatic deduction from said Quebec claims of the portion due to the Fonds d’aide aux actions collectives (the Quebec Class Action Assistance Fund).
HOW DO I SUBMIT A CLAIM?
To get a compensation, you must submit a claim no later than June 28, 2019.
You can submit a claim online at www.hpprinterfirmwarelawsuitcanada.ca.
You can also submit a claim by email at [email protected] or by mail at Nelson P.O. Box 20187 – 322 Rideau Street, Ottawa ON K1N 5Y5. Mailed claim forms must be postmarked by Canada Post no later than June 28, 2019.
You can contact the Claims Administrator to request a paper claim form by calling toll-free 1-833-414-8039 or emailing [email protected].
WHAT ARE MY OPTIONS?
If you wish to be excluded from the class action and therefore the Settlement, you must submit an Opt-Out Form to the Claims Administrator no later than April 5, 2019. If you submit a Claim Form or do nothing, you will be bound by the Settlement and will give up your right to sue HP about Dynamic Security. If you do not opt-out, you may comment on or object to the Settlement no later than April 2, 2019.
For more information, visit www.hpprinterfirmwarelawsuitcanada.ca.
THE COURT’S APPROVAL HEARING
The Court will hold a hearing on April 17, 2019 at the Montreal Courthouse, room 2.08, at 9:30 AM to consider whether to approve the Settlement. The Court will also consider requests by Class Counsel for HP to pay their attorneys’ fees and costs, separately from the Settlement CAP of $700,000. The date or time of the hearing may change. Visit www.hpprinterfirmwarelawsuitcanada.ca for updates.
This is a summary. For more information about your rights and options, or to obtain a copy of the Settlement Agreement or Claim Form visit www.hpprinterfirmwarelawsuitcanada.ca. You may also contact our firm or contact the Claims Administrator as follows:
Epiq Class Action Services Canada Inc.
HP OfficeJet Printers Dynamic Security Canadian Claims Administrator
Nelson P.O. 20187 – 322 Rideau Street
Ottawa ON K1N 5Y5
Toll-Free Tel: 1-833-414-8039
Email: [email protected]
LEX GROUP Inc. has launched a national class action lawsuit against HP CANADA CO. and HEWLETT-PACKARD (CANADA) CO. (hereinafter collectively “HP”), on behalf of all Canadians who have purchased or own an HP OfficeJet printer, including without limitation the following models (hereinafter collectively the “HP Printer(s)”):
- HP Officejet 6100 ePrinter – H611a (CB863A)
- HP Officejet 6600 e-All-in-One Printer – H711a/H711g (CZ155A)
- HP Officejet 6600 e-All-in-One Printer – H711a/H711g (CZ162A)
- HP Officejet 6700 Premium e-All-in-One Printer – H711n (CN583A)
- HP Officejet 7110 Wide Format ePrinter – H812a (CR768A)
- HP OfficeJet 7510 Wide Format All-in-One Printer (G3J47A)
- HP Officejet 7610 Wide Format e-All-in-One Printer (CR769A)
- HP Officejet 7612 Wide Format e-All-in-One (G1X85A)
- HP OfficeJet 6812 e-All-in-One
- HP OfficeJet 6815e All-in-One
- HP OfficeJet Pro 6230 e
- HP OfficeJet Pro 6830 e-All-in-One
- HP OfficeJet Pro 6835 e-All-in-One
- HP Officejet Pro X451dn Printer (CN459A)
- HP Officejet Pro X451dw Printer (CN463A)
- HP Officejet Pro X456dn
- HP Officejet Pro X456dw
- HP Officejet Pro X476dn Multifunction Printer (CN460A)
- HP Officejet Pro X476dw Multifunction Printer (CN461A)
- HP Officejet Pro X551dw Printer (CV037A)
- HP Officejet Pro X576dw Multifunction Printer (CN598A)
- HP OfficeJet Pro 251dw
- HP OfficeJet Pro 276dw
- HP OfficeJet Pro 8100 e – N811a/N811d
- HP OfficeJet Pro 8600 e-All-in-One – N911a
- HP OfficeJet Pro 8600 Plus e-All-in-One – N911g
- HP OfficeJet Pro 8600 Premium e-All-in-One
- HP OfficeJet Pro 8610 e-All-in-One,
- HP OfficeJet Pro 8615 e-All-in-One,
- HP OfficeJet Pro 8620 e-All-in-One
all persons in Canada who purchased third-party non-HP cartridges that were compatible with the HP Printers before September 13, 2016, whether for personal use or for resale and distribution to others (excluded are any such compatible third-party non-HP cartridges which have been fully used up and/or depleted without the printer rejecting said cartridge or displaying an error message);
On or about September 13, 2016, many HP Printer owners in Canada started experiencing technical problems with their HP Printers. The said printers stopped recognizing and accepting third-party ink cartridges (i.e. ink cartridges which had not been manufactured by HP but which were compatible with the HP Printers before September 13, 2016) and sometimes displayed various error messages.
This class action alleges that HP intentionally planned to program (through firmware update(s)) the rejection of all third party ink cartridges, including third party ink cartridge which had already been purchased and installed by HP Printer’s owners and which were already properly working in their printers until September 13, 2016, the whole without the knowledge or consent of HP’s customers.
Accordingly, if you have purchased or own an HP Officejet Printer or if you purchased third-party non-HP cartridges that were compatible with the HP Officejet Printers before September 13, 2016, whether for personal use or for resale and distribution to others, then you may be part of the proposed Class defined by the class action initiated by our office. Should you be defined as a member of the class, you may be entitled to compensation should the Court authorize and ultimately grant the class action on the merits, or should a settlement be reached (and approved by the Court).
Please fill out the form below if you wish to be kept informed of the progress of this case.
If you wish to be kept informed and/or receive notification of major judgments rendered or notices in this case, please complete the form below. Please note that providing your information in the form below creates no financial obligation for you and it does not create a lawyer/client relationship between yourself and Lex Group Inc. (or any of its attorneys). You will not be charged any fees or costs for signing up to this class action since our firm is only paid on a contingency basis from the potential compensation recovered in this file, if the class action is successful by way of final judgment or settlement approved by the Court.
Please be advised that the group definition of the people to be included in this class action may be changed or modified in the future by Court decision or by way of amendment filed by our firm. We will not inform you or other members of the public if and when the group definition is changed. It is therefore your sole responsibility to ensure that your own personal rights and recourses are being protected at all times during the course of these proceedings. You may therefore wish to seek independent legal counsel in order to determine whether it would be in your best interest to pursue independent litigation in this matter (or any other matter), and to determine if you can potentially be included in this case if a final judgment is rendered or if a settlement is reached and approved by the Court.
By signing up to this class action, you are merely asking our firm to include you in our list of potential members in this class action but our firm is not agreeing to represent your personal interests. If a final judgment is rendered in this case, or if a settlement is reached (and approved by the Court), an e-mail may be sent to you and the relevant information may be posted on this website. The Court will determine the manner and extent of any future notifications to class members.
Be advised that the information you provide will be included in our list of potential class members for this case, which list may be shared with and disclosed to the Courts and/or other parties in this action (at our discretion). Rest assured that any such disclosure will be done in such a manner as to protect your personal information and confidentiality from unauthorized use, disclosure or publication.
Finally, be advised that the above-description and summary of the case is being posted on this website for your convenience. However, in case of conflict between the information on this website and the actual proceedings, documents, and/or judgments in the Court record of this case, the official Court record documents will prevail. We have for your convenience posted on this webpage certain scanned copies of the several relevant documents from the Court record, including the initial motion to authorize the bringing of the class action which describes the case in much more detail. You should therefore consult these documents as well as consult this website periodically in order to be kept informed.