Caddell & Chapman represented consumers who purchased defective 8500 and 8600 Wireless All-in-One printers from Hewlett Packard. Plaintiffs Vincent Ferranti and Carlos Martinho sought to represent a class of all persons and entities in the United States who currently own or lease an HP Officejet Pro 8500 or 8600 Wireless All-in-One printer. They allege that these printers contain a faulty receiver that prevented the printers from establishing a consistent wireless connection. They further allege that HP’s efforts to fix the problem were ineffective.
Rather than repairing the issue as required by the warranty, HP’s technical support representatives suggested ineffective “work-arounds” that do not establish a consistent wireless connection. Shortly after the March 2009 release of the 8500 printer, HP received numerous posts from online message boards that complained about the connectivity problems. Despite the ongoing issues with the printer, HP released the 8600 model of the printer with the same defective wireless technology.
Ferranti and Martihno accused HP of engaging in unlawful, unfair, and fraudulent business practices, violation of California’s Consumers Legal Remedies Act, violation of New York and Arizona consumer protection statutes, and breach of warranty. They sought damages and injunctive relief on behalf of the class to prevent HP from continuing to sell these printers without disclosing the defect.
Hewlett Packard moved to dismiss the case, arguing that HP met its obligations under the warranty and that Plaintiffs delayed too long before bringing their claims. The case is Ferranti v. Hewlett-Packard Company, No. 5:13-cv-3847-EJD (N.D. Cal).
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