MONTREAL, Feb. 8, 2019 /CNW/ --
NOTICE OF PROPOSED CLASS ACTION 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.
Class Members are included in the proposed Settlement if they 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
To get compensation from the Settlement, Class Members must have experienced a print interruption while using a non-HP replacement ink cartridge in a Class Printer between March 1, 2015 and December 31, 2017. Class Members may get reimbursed for expenses incurred as a result of the print interruption. If Class Members provide documentation supporting their claim, these expenses may include the costs of a replacement cartridge, a replacement printer, or printing or printer repair services.
Class Members can also submit a claim for out-of-pocket losses, without providing any documentation, if they 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).
To get a compensation, Class Members must submit a claim no later than June 28, 2019.
Class Members can submit a claim online at www.hpprinterfirmwarelawsuitcanada.ca.
Class Members 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.
Class Members can contact the Claims Administrator to request a paper claim form by calling toll-free 1-833-414-8039 or emailing [email protected].
Class Members who wish to be excluded from the class action and therefore the Settlement must submit an Opt-Out Form to the Claims Administrator no later than April 5, 2019. Class Members who submit a Claim Form or do nothing will be bound by the Settlement and will give up their right to sue HP about Dynamic Security. Class Members who do not opt-out may comment on or object to the Settlement no later than April 2, 2019.
For more information, visit www.hpprinterfirmwarelawsuitcanada.ca.
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 rights and options, or to obtain a copy of the Settlement Agreement or Claim Form visit www.hpprinterfirmwarelawsuitcanada.ca. Class Members may also 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]
SOURCE Lex Group Inc. and HP Canada Co. and Hewlett Packard (Canada) Co.