HP all-in-one printer owners, upset that their devices wouldn’t scan or fax when low on ink, were handed a partial win in a northern California court late last week after a judge denied HP’s motion to dismiss their suit. From a report: The plaintiffs argued in their amended class action complaint that HP withheld vital information by including software in its all-in-one printer/scanner/fax machines that disabled non-printing functions when out of ink and not telling buyers that was the case. “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 argued in their complaint.
The amended complaint was filed in February this year after US federal Judge Beth Labson Freeman dismissed the suit on the grounds that it hadn’t properly stated a claim. Armed with their amended complaint, lawyers for San Franciscan Gary Freund and Minneapolis resident Wayne McMath have succeeded at not only making relevant claims, but also surviving an attempt by HP to have the entire case dismissed for a second time. In the amended complaint, Freund and McMath’s lawyers argue that HP’s move to disable devices that were low on ink was intentional, citing HP’s own comments from a support forum post in which an HP support agent told a user complaining of similar issues that their “HP printer is designed in such a way that with the empty cartridge or without the cartridge [the] printer will not function.”