Judge Dismisses HP Officejet 8500, 8600 Wireless Class-Action Lawsuit
reports that a federal judge in the U.S. District Court for the Northern District of California has dismissed a class-action lawsuit alleging that the wireless connectivity of an HP Officejet 8500 All-in-One “failed during normal use.”
Lead plaintiff in the class-action case (Vincent Ferranti, et al. v. Hewlett-Packard Company), Vincent Ferranti, alleged that he purchased an HP Officejet 8500 and found that “wireless function failed during normal use.” Ferranti exchanged his model for another, but said that the failure continued. The lawsuit also claimed that a later model, the Officejet Pro 8600, also suffered the same defects. Ultimately, Ferranti filed a class-action suit against HP, claiming that HP violated the California Consumer Legal Remedies Act and Unfair Competition Law and the Magnuson-Moss Warranty Act.
U.S. Judge Edward J. Davila however, has dismissed the lawsuit. In his decision, Davila stated that HP had adequately serviced its one-year warranty for the printer, and that other claimed violations of consumer-protection laws had outrun their statutes of limitations, which run for three or four years.
The class-action lawsuit plaintiffs argued that the statutes of limitations should be disregarded because of a delay in discovering the alleged defects. However, Judge Davila denied their petition, stating that Ferranti noticed the problem soon after purchase. Judge Davila also stated that there were inconsistencies in the plaintiffs’ arguments – with plaintiffs’ stating, for instance, that HP failed to replace or repair the printers, but later stating that HP replaced the printers.