Wolf v. Hewlett-Packard

Frequently Asked Questions

  1. Why was this notice issued?
  2. What is a class action?
  3. Why is this lawsuit a class action?
  4. What is the lawsuit about?
  5. How does HP answer?
  6. Has the court decided who is right?
  7. What are the Plaintiffs asking for on behalf of the Class?
  8. Is there any money available now?
  9. How do I know if I am part of the Class?
  10. What happens if I do nothing at all?
  11. What happens if I exclude myself?
  12. How do I ask to be excluded?
  13. Do I have a lawyer in this case?
  14. Should I get my own lawyer?
  15. How will the lawyers be paid?
  16. How and when will the Court decide the case?
  17. Do I have to come to court?
  18. Will I get money after the trial?
  19. Is more information about the lawsuit available?
  1. Why was this notice issued?

    This notice was issued because a Court has “certified” this case to proceed to trial as a class action lawsuit, and your rights may be affected. If you are a consumer within the meaning of the California Consumer Legal Remedies Act, Civil Code section 1761(d), who purchased an HP LaserJet Pro P1102 printer at a physical retail location in the State of California between April 2014 and the present, and if your printer was advertised to include the “HP Smart Install” feature, but was in fact subject to HP’s disablement of the Smart Install Feature, you may have legal rights and options in this case before the Court decides whether the claims being made against HP on your behalf are correct. To be included in this class action as a "consumer," you must have purchased a HP LaserJet Pro P1102 printer primarily for personal, family or household purposes.

    The Honorable Judge Beverly Reid O’Connell of the United States District Court for the Central District of California is overseeing this class action. The case is known as Anne Wolf v. Hewlett-Packard Company, Case No. 5:15-cv-01221-BRO-GJS. The company being sued, Hewlett-Packard Company, now known as HP, Inc., is called the Defendant or HP.

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  2. What is a class action?

    In a class action lawsuit, one or more people, called “Class Representatives” (in this case, Anne Wolf), are suing on behalf of all people who have similar claims. Together, these people are called a Class or Class members. One court resolves the issues for all Class members, except for those who exclude themselves, i.e., opt out, from the Class.

    

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  3. Why is this lawsuit a class action?

    The Court decided that this lawsuit could move toward trial as a class action because it meets the numerosity, commonality, typicality, and adequacy requirements of Federal Rule of Civil Procedure § 23. That is, the Court ruled that the Class is so large or “numerous” that getting all Class members together is impracticable; there are questions of law and fact that are “common” to the Class; the claims of the Class Representatives and the defenses to those claims by HP are “typical” to the claims of the Class and the defenses to those claims by HP; and the lawyers for the Class will fairly and “adequately” protect the interests of all Class members. More information about why this is a class action can be found in the Court’s Class Certification Order, which is available on this website.

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  4. What is the lawsuit about?

    The lawsuit claims HP manufactured, marketed, advertised and sold printers that were advertised to have “HP Smart Install,” a feature designed to allow for the easy software installation of the printers, when in fact this feature had been disabled from these printers. The lawsuit claims that consumers relied on assurances that the HP Smart Install feature would be included in their purchase of the printer; that without this feature, they would not have purchased the printer; and that HP thereby deceived consumers. The lawsuit claims that HP benefited from the loss consumers suffered as a result of HP’s deception. The lawsuit claims that in selling the printers and representing them as including the HP Smart Install feature when they in fact did not have such feature, HP has violated state laws. The lawsuit seeks money for Class members to: (a) reimburse them for out-of-pocket expenses resulting from the advertising; and (b) compensate them for the difference in value between what was promised and what was delivered. The lawsuit also asks for attorneys’ fees and costs and a Court order requiring HP to inform consumers of the false advertising and to refund a portion of the money Class members paid to purchase the printers.

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  5. How does HP answer?

    HP denies all claims that it violated any laws and denies that it deceived consumers.

    For more information see HP’s response to the allegations.

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  6. Has the court decided who is right?

    No. The Court has not ruled on the merits of the claims. The lawyers for the Plaintiffs will present their claims and the lawyers for HP will argue their defenses at a trial that is set to begin on November 21, 2017, at 8:30 a.m.

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  7. What are the Plaintiffs asking for on behalf of the Class?

    The Plaintiffs are asking for money to be paid to consumers to: (a) reimburse them for out-of-pocket expenses resulting from the advertising; and (b) compensate them for the difference in value between what was promised and what was delivered. The lawsuit also asks for attorneys’ fees and costs and a Court order requiring HP to inform consumers of the false advertising and to refund a portion of the money Class members paid to purchase the printers.

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  8. Is there any money available now?

    No. There is no money available now because the Court has not ruled on the merits of the claims. There is no guarantee that money will ever be awarded or obtained.

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  9. How do I know if I am part of the Class?

    You are included in this lawsuit if you are a consumer within the meaning of the California Consumer Legal Remedies Act, California Civil Code 1761(d), who purchased an HP LaserJet Pro P1102 printer at a physical, retail store in the state of California between April 2014 and the present, and if your printer was advertised to include the “HP Smart Install” feature, but was in fact subject to HP’s disablement of the Smart Install Feature. To be included in this class action as a "consumer," you must have purchased a HP LaserJet Pro P1102 printer primarily for personal, family, or household purposes.

    The Defendant, its affiliates, employees, agents, and attorneys, and the Court are not part of the Class.

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  10. What happens if I do nothing at all?

    If you do nothing, you are choosing to stay in the Class. If the Plaintiffs win or lose at trial, you will be legally bound by all orders and judgments of the Court, and you will not be able to sue or continue to sue HP in a different case over the legal claims included in this lawsuit. If the Plaintiffs obtain money or other benefits from HP at trial or as the result of a settlement, you will be able to ask for a share.

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  11. What happens if I exclude myself?

    If you exclude yourself from the Class, you: (1) will not be legally bound by the Court’s judgments; (2) will keep any rights you may have to sue HP for the legal claims included in this lawsuit; and (3) will not be able to get any money or benefits from this lawsuit if any are awarded or obtained as a result of the trial or any settlement.

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  12. How do I ask to be excluded?

    To exclude yourself from the Class, send a letter to HP Class Action Administrator, P.O. Box 43434, Providence, RI 02940-3434 postmarked by April 24, 2017, stating you want to be excluded from Anne Wolf v. Hewlett-Packard Company, Case No. 5:15-cv-01221-BRO-GJS. Include your name, address, telephone number, and signature.

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  13. Do I have a lawyer in this case?

    Yes. The Court has appointed the Law Offices of Todd M. Friedman, P.C. to represent you and other Class members as Class Counsel. These lawyers have experience handling similar cases. For information about the Law Offices of Todd M. Friedman, P.C., visit www.toddflaw.com. Anne Wolf is a Class member like you, and the Court has appointed her to serve as the “Class Representative.”

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  14. Should I get my own lawyer?

    You do not need to hire your own lawyer, nor do you have to pay Class Counsel or anyone else to participate because Class Counsel is representing you and all other Class members. However, you may hire your own lawyer to represent you at your own expense.

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  15. How will the lawyers be paid?

    If Class Counsel obtains money or other benefits for the Class, they will ask the Court for attorneys’ fees and costs, which could either be paid out of any money recovered for the Class or be paid separately by HP. You will not be personally responsible for any of these fees or expenses.

    

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  16. How and when will the Court decide the case?

    The case will be decided at a trial that is set to begin on November 21, 2017, at 8:30 a.m.  The trial will take place at the United States District Court for the Central District of California, Courtroom 7C located at 350 W. 1st Street, Los Angeles, California 90012. The trial may be moved to a different date or time without additional notice. Check back to this site for updates.

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  17. Do I have to come to court?

    No. You do not have to come to Court, but you are free to do so. Class Counsel will present the case for the Plaintiffs, and the lawyers for HP will present their defenses. However, you or your own lawyer may appear in Court for this case at your own expense.

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  18. Will I get money after the trial?

    If Class Counsel obtains money or benefits as a result of the trial or a settlement, a new notice will be issued about how to ask for a share and about any other options you may have at that time. Updated information about the case may be found on this site.

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  19. Is more information about the lawsuit available?

    Case Documents including the Notice are found on this site, or you can call 1-888-270-3325, write to HP Class Action Administrator, P.O. Box 43434, Providence, RI 02940-3434, or call Class Counsel at 1-877-206-4741.

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