1. Why did I get the Notice?
A court authorized the Notice because people, as described in FAQ 5, have the right to know about a legal settlement. If you qualify, you could be eligible to receive a payment.
To know if you qualify, see the answer to FAQ 5.
The person who sued is called the "Plaintiff." The company they sued, HP Inc. (“HP”), is called the "Defendant."
To view a copy of the Notice, click here.
2. What is this lawsuit about?
HP created Dynamic Security and installed it via firmware on certain of its inkjet printer models in 2015 and 2016. Because of Dynamic Security, some HP printers with certain non-HP replacement cartridges containing non-HP security chips stopped printing. The Plaintiff claims that HP used Dynamic Security to steer people to buy its own replacement products. HP denies the Plaintiff’s claim and says that the purpose of Dynamic Security was to protect its intellectual property, reduce cartridge counterfeiting, and protect the quality of the user experience.
3. What is a class action?
In a class action, the Plaintiff acts as “Class Representative” and sues on behalf of themselves and other people who have similar claims. This group of people is called the “Class,” and the people in the Class are called “Class Members.” One court resolves the issues for all Class Members, except for people who exclude themselves from the Class. The Honourable Justice François Duprat of the Superior Court of Quebec, district of Montreal (Canada), is in charge of this case. The case is Rabin v. HP Canada Co. and Hewlett Packard (Canada) Co., Superior Court of Quebec File no: 500-06-000813-168.
4. Why is there a settlement?
The Court did not decide in favor of the Plaintiff or the Defendant. Instead, both sides agreed to a settlement. That way, they avoid the costs and risks of a trial, and Class Members get benefits or compensation. The Class Representatives and their attorneys think the Settlement is best for the Class.
5. Who is in the Settlement?
You are a Class Member, and are included in the Settlement, if you who experienced a print interruption while using a non-HP replacement ink cartridge in a Class Printer between March 1, 2015 and December 31, 2017. The Class Printers are the following product models:
- 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
You can tell what model you own by looking for a model number on the front of your printer. If you are unable to determine which model HP printer you own, please call HP customer service at 1-800-474-6836, and a customer service representative will assist you.
6. What should I do if I am still not sure whether I am included?
If you are not sure whether you are included in the Class, you can ask for free help by calling the Claims Administrator at 1-833-414-8039 for more information.
7. What does the Settlement provide?
HP has released an update to its firmware that turns off Dynamic Security in the Class Printers, and agrees not to use Dynamic Security on the Class Printers in the future. HP will also pay a maximum of $700,000 CAD into a Settlement Fund, which will be distributed to Class Members who submit valid claims.
8. Who can get a compensation from the Settlement, and how much?
To get a compensation from the Settlement, you must be a Class Member who experienced a print interruption while using a non-HP ink cartridge in a Class Printer between March 1, 2015 and December 31, 2017. You may get reimbursed for expenses you incurred as a result of the print interruption. If you provide documentation supporting your claim, these expenses may include the costs of a replacement cartridge, a replacement printer, or printer repair services.
You can also submit a claim for out-of-pocket losses, without providing any documentation, if you 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.
9. What am I giving up if I stay in the class?
Unless you exclude yourself by submitting an Opt-Out Form (see FAQ 16), you cannot sue, continue to sue, or be part of any other lawsuit against HP about the issues in this case. The “Releases” section in the Settlement Agreement describes the legal claims that you give up if you remain in the Class. The Settlement Agreement can be viewed here.
10. How can I get a compensation?
If you are an eligible Class Member (see FAQ 5), you can submit a claim no later than June 28, 2019.
You can submit a claim online here.
You can also submit a claim by email at email@example.com 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.
You can contact the Claims Administrator to request a paper claim form by calling toll-free 1-833-414-8039 or emailing firstname.lastname@example.org.
11. What is the deadline for submitting a Claim?
To be eligible for payment, Claim Forms must be submitted electronically or postmarked no later than June 28, 2019.
12. When will I get my compensation?
The Court will hold a hearing on April 17, 2019 at the Montreal Courthouse at 1 Notre-Dame Street East, Montreal, Quebec, H2Y 1B6, room 2.08, to decide whether to approve the Settlement. If the Settlement is approved, the Claims Administrator anticipates that compensations will be sent out between August 2019 and October 2019 by way of cheque. If a compensation cheque is not cashed/negotiated within 6 months of its issuance date, said cheque will be cancelled by the Claims Administrator and the amount in question will be donated to charity, without any obligation to replace the cheque to the claimant in question.
Updates regarding the Settlement and when payments will be made will be posted on this website.
13. Do I have a lawyer in the case?
Yes. The Court appointed the law firm of Lex Group Inc. (Mtre David Assor) to represent you and the other Class Members. This firm is called Class Counsel. You will not be charged for its services in this case.
14. Should I get my own lawyer?
You do not need to hire your own lawyer because Class Counsel is working on your behalf. If you want your own lawyer, you may hire one, but you will be responsible for any payment for that lawyer’s services. For example, you can ask your own lawyer to appear in Court for you if you want someone other than Class Counsel to speak for you. You may also appear for yourself without a lawyer.
15. How will the lawyers be paid?
You do not have to pay Class Counsel. Class Counsel will seek an award to be paid separately by HP. Such an award will not reduce Settlement amounts paid to Class Members. Class Counsel has not been paid for services in this case since it began, and will seek an award of $300,000 plus applicable taxes for work done and disbursements to date in the litigation. The fees will compensate Class Counsel for investigating the facts, litigating the case, and negotiating and presenting the Settlement for Court approval. The costs of providing this Notice and administering the Settlement are being paid separately by HP and will not reduce the Settlement amounts paid to Class Members.
16. How do I get out of the Settlement?
If you don’t want benefits from the Settlement, and you want to keep your right, if any, to sue HP on your own about the legal issues in this case, then you must take steps to get out of the Settlement. This is called excluding yourself from—or “opting out” of—the Class.
You must submit an Opt-Out Form to the Claims Administrator no later than April 5, 2019.
You may download an Opt-Out Form here.
You can submit an Opt-Out Form by email at email@example.com or by mail at Nelson P.O. Box 20187 – 322 Rideau Street, Ottawa ON K1N 5Y5. Mailed Opt-Out Forms must be postmarked by Canada Post no later than April 5, 2019.
You can contact the Claims Administrator to request an Opt-Out Form by calling toll-free 1-833-414-8039 or emailing firstname.lastname@example.org.
Note to Quebec Class Members: Class Members who reside in the Province of Quebec and who wish to opt-out must ALSO send a further copy of their signed and filled out Opt-Out Form to the Clerk of the Superior Court of Quebec, postmarked no later than April 5, 2019, to the following address:
Superior Court of Quebec
Class Action Division
Montreal Courthouse, 1 Notre-Dame Street East,
Montreal, Quebec, H2Y 1B6
Court File No. 500-06-000813-168
17. If I don’t exclude myself, can I sue the Defendant for the same thing later?
No. Unless you opt out, you give up the right to sue HP for the claims the Settlement resolves. You must exclude yourself from the Class if you want to try to pursue your own lawsuit.
18. What happens if I opt out?
If you opt out of the Settlement, you will not have any rights as a member of the Class under the Settlement; you will not receive any compensation as part of the Settlement; you will not be bound by any further orders or judgments in this case; and you will keep the right, if any, to sue on the claims alleged in the case at your own expense.
19. How do I tell the Court if I don’t like the Settlement?
If you’re a Class Member and do not opt out of the Settlement, you can ask the Court to deny approval of the Settlement by filing an objection. You can’t ask the Court to order a larger settlement; the Court can only approve or deny the Settlement. If the Court denies approval, no settlement payments will be sent out, and the lawsuit will continue. If that is what you want to happen, you must object.
To object or comment, you must object to or comment on the proposed Settlement in writing. You may also then appear at the Approval hearing on April 17, 2019 at the Montreal Courthouse, room 2.08, at 9:30 AM, either in person or through your own attorney. If you appear through your own attorney, you are responsible for paying that attorney’s fees and disbursements.
To object or comment, you MUST file a document with the Claims Administrator saying that you object to the proposed Settlement in the case of Rabin v. HP Canada Co. and Hewlett Packard (Canada) Co. Class Action and Court number, File: 500-06-000813-168 and you must include the following:
- A heading indicating the following information: Rabin v. HP Canada Co. and Hewlett Packard (Canada) Co. Class Action and Court number 500-06-000813-168;
- Your full name, telephone number(s), email address(es), and residential address;
- If represented by counsel, the full name, telephone number, email address and address of all counsel;
- A detailed statement of your objection, including the grounds for the objection together with any evidence that you think supports it;
- Confirmation as to whether you intend to appear at the settlement approval hearing on your behalf or through counsel;
- The model number of the Class Printer owned; and
- Your dated and handwritten signature (an electronic signature or lawyer’s signature are not sufficient).
You can mail, fax or email the dated, signed and detailed objection letter (and attached documents, if any), postmarked no later than April 2, 2019, to the Claims Administrator as follows:
Class Action Objections or Comments
HP OfficeJet Printers Dynamic Security Canadian Claims Administrator
Nelson P.O. 20187 – 322 Rideau Street
Ottawa ON K1N 5Y5
Toll-Free Fax: 1-866-262-0816
20. What’s the difference between objecting and excluding myself from the Settlement?
Objecting is telling the Court that you don’t like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and telling the Court that you don’t want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because it no longer affects you. You cannot both opt out and object to the Settlement.
21. When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing on April 17, 2019 at the Montreal Courthouse, room 2.08, at 9:30 AM, before Honourable Justice François Duprat of the Superior Court of Quebec, district of Montreal (Canada).
At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing.
The Court may also decide how much Class Counsel should receive in fees and expense reimbursements. After the hearing, the Court will decide whether to approve the Settlement.
The Court may reschedule the Final Approval Hearing or change any of the deadlines described on this website. The date of the Final Approval Hearing may change without further notice to the Class Members. Be sure to check this website for news of any such changes.
22. Do I have to come to the Final Approval Hearing?
No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you send an objection, you do not have to come to the hearing to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.
23. May I speak at the hearing?
You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must include a statement in your written objection (see FAQ 19) that you intend to appear at the hearing. Be sure to include your name, address, and signature as well.
You cannot speak at the hearing if you exclude yourself from the Class.
24. What happens if I do nothing at all?
If you do nothing, you’ll be a member of the Class, you’ll get no compensation from this Settlement, and you won’t be able to sue HP for the conduct alleged in this case.
25. Are more details about the Settlement available?
This website summarizes the proposed Settlement. More details are available in the Settlement Agreement, the Plan of Allocation, and other important case documents. You can get a copy of these and other documents here, by contacting the Claims Administrator at email@example.com, or Class Counsel at firstname.lastname@example.org.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.
26. How do I get more information?
For additional information, you may contact the Claims Administrator or Class Counsel at the following:
|Claims Administrator||Class Counsel|
Toll-Free Tel: 1-833-414-8039
Toll-Free Fax: 1-866-262-0816
HP OfficeJet Printers Dynamic Security Canadian Settlement
Lex Group Inc. c/o Mtre David Assor
Tel: 514-451-5500 ext. 321