Rose argues that HP was unjustly enriched by their conduct because ink cartridge sales represent the majority of the company’s revenues and profits. “HP further intentionally designed and engineered the Product to cease printing in black ink if the Product’s color ink is depleted, even if the consumer wants to print a black image or text.” “As a result of underprinting, color ink is depleted even when printing images or text in black and white, forcing consumers to use more color ink, and therefore spend more money, than they reasonably expect to,” the HP class action lawsuit argues. Rose argues that this design is an intentional way to force consumers to purchase more ink. This process allegedly drains colored ink from a printer’s reserves without a consumer’s knowledge. The underprinting reportedly involves using a significant amount of colored ink under black ink, even when a text or image is only black and white. However, Rose argues that HP intentionally designed their devices to use up colored ink in a process called underprinting. HP printers are considered some of the best products on the market, allowing consumers to print in both color and black and white from their homes.
Rose has had to purchase multi-pack color ink replacement cartridges on at least three occasions, and a standalone magenta replacement cartridge, in order to continue printing in black ink,” the HP class action lawsuit notes. She claims she has been denied the ability to print in black and white due to her colored ink being depleted. As a result, Rose’s color ink supply has diminished without her knowledge. Allegedly, Rose is one of many consumers who were deceived by HP’s representations.