Anne Wolf, individually, and on behalf of other members of the general public similarly situated v. Hewlett Packard Company
Published: Oct. 29, 2016 | Result Date: Sep. 1, 2016 | Filing Date: Jan. 1, 1900 |Case number: 5:15-cv-01221-BRO-GJS Bench Decision – Defense in Part
Court
USDC Central
Attorneys
Plaintiff
Adrian R. Bacon
(Law Offices of Todd M. Friedman PC)
Todd M. Friedman
(Law Offices of Todd M. Friedman PC)
Defendant
Marshall L.B. Baker
(Akin, Gump, Strauss, Hauer & Feld LLP)
Erin E. McCracken
(Berger & Hipskind LLP)
Michael J. Stortz
(K&L Gates LLP)
Facts
Anne Wolf filed a consumer class action against Hewlett Packard Co., involving HP's LaserJet Pro P1102w.
Contentions
PLAINTIFF'S CONTENTIONS:
Defendant's printer was allegedly advertised as being equipped with HP Smart install, a feature of convenience that would allow consumers to "start printing right away with effortless setup" and without the use of a CD. The product's packaging was also allegedly labeled that the printers were so equipped. However, when plaintiff purchased the product, she found out that, the feature was disabled by default and that she had issues with connecting and installing the printer. Defendant allegedly disabled the feature when Windows 8 had issues recognizing the Smart Install feature. However, defendant did not change the product labels to indicate that it had done so. Plaintiff then filed this action alleging causes of action for violation of the Consumer Legal Remedies Act. Additionally, plaintiff moved for nationwide class certification, as well as for class certification on behalf of a California Subclass.
DEFENDANT'S CONTENTIONS:
Defendants denied the allegations and asserted various affirmative defenses.
Result
The court denied nationwide class certification and limited class certification to the California subclass. The court granted class certification as to the California subclass, on behalf of all consumers who purchased a P1102 model printer at a physical retail location in California, between April 2014 and present, and whose printer was advertised as including the Smart Install Feature, when in fact the feature had been disabled
Other Information
FILING DATE: June 22, 2015.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390