SAN FRANCISCO (NEWSnet/AP) — HP has failed to dispel class-action legal claims that it disables scanners on its multifunction printers when the equipment ink runs low; and pending action will proceed.

On Aug. 10, a federal judge ruled that HP Inc. must face a class-action lawsuit claiming that the company designs its “all-in-one” inkjet printers to disable scanning and faxing functions whenever a single printer ink cartridge runs low.

The company had sought — for the second time — to dismiss the lawsuit on technical grounds.

“It is well-documented that ink is not required in order to scan or to fax a document, and it is certainly possible to manufacture an all-in-one printer that scans or faxes when the device is out of ink,” the plaintiffs wrote in their complaint. “Indeed, HP designs its all-in-one printer products so they will not work without ink. Yet HP does not disclose this fact to consumers.”

The lawsuit charges that HP deliberately withholds this information from consumers to boost profits from the sale of expensive ink cartridges.

HP declined to comment on the issue, citing the pending litigation.

The company’s court filings in the case have generally not addressed the substance of the plaintiff’s allegations.

In early 2022, U.S. District Judge Beth Labson Freeman dismissed the complaint on legal grounds but did not address the lawsuit's claims. The judge allowed the plaintiffs to amend their claim and resubmit it. On Aug. 10, the judge largely rejected HP's request to dismiss the revised complaint, allowing the case to proceed.

All-in-one devices can seem like a bargain for customers compared to the cost of separate equipment with scanning, copying and fax functions.

But Consumer Reports states that consumer ink costs can easily run more than $70 a year. Furthermore, a significant amount of printer ink is never actually used to print documents because it's used during inkjet printer maintenance cycles.

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