DTO Law Successfully Defends HP Inc. in Consumer Class Action Suit

DTO scored an outstanding victory on Monday when the Northern District of California ruled in favor of the firm’s client HP, Inc. in the case of So v. HP, Inc. The plaintiff, Henry So, had filed the suit alleging that HP wrongfully compels users of its printers to buy and use only HP ink and toner supplies by transmitting firmware updates that render third-party ink cartridges incompatible with certain HP printers. The suit brings claims under the federal Computer Fraud and Abuse Act (CFAA), in addition to California consumer remedy and anti-fraud laws.

After DTO moved for partial dismissal of the suit on the basis of failure to state a claim and for lack of standing, the court found the complaint lacking in terms of alleged misrepresentations and omissions made by HP. Additionally, the court rejected the CFAA claim due to the plaintiff’s failure to allege required statutory damages of $5,000. The plaintiff will need to amend the action to plead aggregated damages stemming from a single act. The judge also deferred judgment on whether the suit was a nationwide class. The DTO team was led by Partner Megan O’Neill and consisted of Partner Justin Goodwin and Associates David Ramírez-Gálvez and Nicole Malick.

More information can be found in coverage published by Law Street Media.