Understanding HP Printer "Illegal Ink" Messages and Your Rights as a Consumer

Thank you for reaching out to us, and I apologize for not being able to respond sooner. We understand that printer issues are always urgent, and we would like to address your question with the thoughtfulness it would be. We appreciate your engagement and support at BCH Technologies (https://youtube.com/@bchtechnologies), especially on our YouTube channel, as your feedback helps us continually refine our technical expertise.

First, to clarify, there’s no "illegal ink." Your HP printer's response is part of a "Dynamic Security" system, which HP uses to control compatibility with third-party ink. HP has faced several legal challenges regarding this technology and its impact on consumers.

Here are essential consumer protection laws and actions related to your issue:

1. Magnuson-Moss Warranty Act (1975)
   This federal law protects consumers from deceptive warranty practices, prohibiting manufacturers from conditioning warranty coverage solely on using their OEM parts unless provided free of charge. This means HP cannot void your printer warranty simply because you use non-HP ink cartridges. However, many users report that HP's firmware limits third-party ink use, raising potential legal questions under this act.
2. Sherman Antitrust Act (1890) & Clayton Act (1914)
   These acts prevent monopolistic practices that restrict consumer options or competition. For example, if HP requires you to use only HP-branded supplies through restrictive firmware, it could be considered monopolistic. In some cases, enforcing such exclusivity in supplies is seen as “tying,” which is prohibited under antitrust laws. Consumers, state attorneys general, or the FTC can file cases against such practices.
3. Federal Trade Commission (FTC) Act (1914)
   The FTC Act prohibits "unfair or deceptive acts or practices." Restricting customers to OEM supplies might be viewed as unfair, particularly if users are misled into thinking non-HP cartridges are “illegal.” The FTC has enforced actions against companies that restrict consumer choices without reasonable cause, and HP’s Dynamic Security could be scrutinized here.
4. Right to Repair Legislation
   Although not yet federal law, right-to-repair bills across various states are gaining traction. These laws support consumer freedom to repair products using non-OEM parts. Many advocates believe that preventing third-party cartridge use infringes on this right, and the legislation is aimed at giving consumers more control over repairs and parts, including ink and toner cartridges.

In recent years, HP has faced multiple lawsuits for blocking third-party cartridges through Dynamic Security firmware updates. For example, in 2019, HP agreed to a $1.5 million settlement in California after claims that firmware updates acted as "malware," causing HP printers to reject non-HP cartridges. Despite this, HP has continued to use firmware that blocks third-party ink, which led to another class-action lawsuit in 2024 in Illinois. The suit accuses HP of monopolizing the aftermarket for replacement ink and seeks an injunction and damages exceeding $5 million.

Therefore, HP changed its tactic and asked the question:"Counterfeit or used cartridge detected. Did you buy this cartridge as a new genuine HP cartridge?" Even with its own genuine cartridge, if the ink level is less than 25%, it will display this error message. If you click "Yes," HP will be able to legally turn off your printing. If you think carefully, you should press "no", and HP will have to let you keep using the cartridge. A counterfeit cartridge is a fake product made to deceive consumers, while a used cartridge is a legitimate product that has been refilled or repurposed—often a perfectly legal and environmentally friendly practice. For HP to lump up them together, then ask if you bought it as a new cartridge, it is very conning of them.

If you’re considering legal action, the Magnuson-Moss Warranty Act and antitrust laws may offer grounds to challenge such restrictions. You can also contact the FTC or join class-action lawsuits targeting these practices.

If you still have concerns about your recent order, we’d be happy to accept a return. We appreciate your understanding and suggest consulting legal resources if you want to pursue this further.

Addressing printer issues can be a complicated affair due to the hands-on nature of the problems. So, we cannot provide remote troubleshooting, suggestions, or support for printer repairs. We offer an in-person evaluation and repair service via our local diagnostic facility (https://bchtechnologies.com/printer-repair-service). Given the high demand, we operate on a first-come, first-served basis. It may take a few weeks to get your printer to drop it off or mail it to us. Our services are structured to repair a whole printer or specific parts, with clear instructions on proceeding if you opt for mail-in or local drop-off services. However, we acknowledge that our rates could be more economical. Thus, we highly recommend that you resort to self-help via online research. You can start by checking out YouTube or visiting our YouTube channel's homepage (https://youtube.com/@bchtechnologies). Look for specific videos using the search icon next to "About" on the right-hand side of the menu bar. I receive dozens of queries every day asking about videos for specific topics. Having created videos over the past nine years, it's challenging to remember every single one. Therefore, using YouTube's search function would be most efficient. Plus, YouTube might suggest any videos from other channels that could help you.

Thank you once again for contacting us. We appreciate your patience and are here to help you explore all available options.