HP settles the class action lawsuit which claimed its printer updates ‘act as malware’, avoiding either a big payout or admitting wrongdoing

If you’ve been annoyed that your HP printer doesn’t work with non-HP ink and toner, a recent class-action lawsuit settlement means you can decline the update forcing the change, but only if you have a few specific models.

With a ‘long-term objective to make printing a subscription‘, HP set in place ‘dynamic security’ systems that authenticate ink and toner cartridges in your printer. The ‘dynamic security’ system changed printer compatibility digitally to disallow some printers from working with non-HP ink and toner. This means that some users bought printers without those restrictions, only to find them added in via an update, after purchase.

As reported by Ars Technica, this lawsuit was settled in August 2024, but only approved by the presiding Judge last week. The terms of that settlement meant that HP wouldn’t admit any wrongdoing and wouldn’t pay the customers impacted by the original 2020 update.

The catalyst for this lawsuit was a specific firmware update in November 2020 that blocked a whole host of printers which the lawsuit calls ‘Class printers’. The lawsuit argues 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.” It then further makes the claim that HP’s updates “act as malware”.

As detailed in the HP dynamic security support page, “dynamic security equipped printers are intended to work only with cartridges that have new or reused HP chips or electronic circuitry. The printers use the dynamic security measures to block cartridges using non-HP chips or modified or non-HP electronic circuitry.”

As part of the lawsuit settlement, HP has agreed to pay $5,000 to each of the two original class representatives, Mobile Emergency Housing Corp and Performance Automotive & Tire Center. Finally, one more plaintiff named David Justin Lynch was added to the complaint, and will also receive $5,000. HP claims the pay the representatives receive is “to compensate them for the services they performed on behalf of the classes”.

The upside to this settlement is that the class printers (which can be found on the HP support page) can all choose to decline the ‘dynamic security’ update that makes this change, and therefore use third-party ink. Only these printers, and those made before 2016 may decide to opt out of dynamic security measures. If you already have the dynamic security measures on your printer, you can remove it via a firmware update but only if you have printers from a specific list that HP has laid out.

This all means that any printers made after 2016 and not included in the settlement run the risk of having the same security measure put in place to stop them from working with non-HP ink. Many printers on the HP website specifically say ‘dynamic security enabled printer’, meaning they only work with HP ink and toner.

If you’ve found cheaper third-party ink, you may want to check if your printer is on the list.