Tuesday, November 9, 2010

Owner of a Hewlett Packard printer?

If you own a HP laserjet printer and have been frustrated that you can't use all the toner, even though you paid for it, you might be interested in this lawsuit against Hewlett Packard. Contact the court and let your voice be heard:

NOTICE OF SETTLEMENT


If you purchased an HP color LaserJet printer, you may benefit from a Proposed Class Action Settlement.



READ THIS NOTICE CAREFULLY. YOUR LEGAL RIGHTS ARE AFFECTED WHETHER YOU ACT OR DO NOT ACT. PLEASE CHECK THE SETTLEMENT WEBSITE AT www.HPLaserJetPrinterSettlement.com REGULARLY FOR UPDATES AND FURTHER DETAILS



The Federal Court authorized this Notice. This is not a solicitation from a lawyer.

• A Proposed Settlement has been reached in two class action lawsuits involving certain Hewlett-Packard Company ("HP") LaserJet printers. The first lawsuit (Baggett v. Hewlett-Packard Co., C.D. Cal. Case No. CV 07-0667 AG) claims that HP designed certain of its color LaserJet printers and print cartridges to prevent further printing after a certain amount of use even though toner remains in the print cartridge that could be used to print additional pages, that HP represented that certain print cartridges are "empty" and/or need to be replaced even though toner remains in the cartridge, that this technology prevented purchasers from using all of the allegedly useable toner in the print cartridge, from printing additional available pages and from using all of the printer’s functions (such as continued printing) until the print cartridge at issue is replaced, and that HP interfered with the right of purchasers to possess and use all of the toner in the HP print cartridges and/or to print additional pages. The second lawsuit (Young v. Hewlett-Packard Co., C.D. Cal. Case No. CV 09-00315 AG) involves different HP color LaserJet printers than those at issue in the Baggett lawsuit, but makes similar allegations and further alleges that HP failed properly to disclose that the relevant color LaserJet print cartridges include an "override" mechanism that permitted a user to continue printing as long as desired after any interruption or termination of printing caused by toner level in the print cartridge. HP denies all these claims. The Court (Honorable Andrew J. Guilford, United States District Court for the Central District of California) has ruled in favor of HP in each case, and each case has been appealed to the United States Court of Appeals for the Ninth Circuit. In order to avoid the expense and risks of continuing the lawsuit, the parties agreed to a Proposed Settlement.

• Your legal rights may be affected whether you act or do not act. Read this notice carefully.

• If you are eligible, the Proposed Settlement may provide an e-credit for future purchases of printers and printer supplies offered at www.shopping.hp.com. Any e-credits received as part of the settlement can only be used at www.shopping.hp.com.

• You are a Class Member if you purchased, leased, received as a gift or otherwise acquired in the United States an HP printer that is listed here . See questions 5 and 6 here for further information.

• You are not part of the class if you: (a) did not purchase, lease, receive as a gift or otherwise acquire a printer listed here ; (b) are an employee, director, officer, or agent of HP or its subsidiaries and affiliated companies, (c) are the Judge of the Court in which the cases are pending or part of his immediate family or staff. See question 7 below.



YOUR RIGHTS AND CHOICES:

YOU MAY: DUE DATE:

FILE A CLAIM FORM This is the only way that you may get an e-credit. By February 15, 2011

OBJECT Write to the Court about why you don't like the Proposed Settlement. By January 4, 2011

EXCLUDE

YOURSELF Ask to get out of the Proposed Settlement. If you do this, you cannot get any Settlement benefits, but you keep your right to sue HP yourself regarding the claims in the lawsuits. By January 4, 2011

APPEAR IN THE LAWSUIT OR GO TO A HEARING Participate in the Proposed Settlement on your own or through your own lawyer. You can also ask to speak in Court about the Proposed Settlement. By January 31, 2011

DO NOTHING You get no individual monetary settlement benefits and you give up the right to sue HP on your own regarding the claims later.

• These rights and choices - and the deadlines to exercise them - are further explained in this Notice.

• These deadlines may be moved, cancelled or otherwise modified, so please check the settlement website at www.HPLaserJetPrinterSettlement.com regularly for updates and further details.

• The Court still has to decide whether to approve the Proposed Settlement. Benefits will be provided only if the Court approves the Proposed Settlement and after any appeals are resolved.

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