LOS ANGELES - California's Epson America, Inc. faces a class action lawsuit that alleges the printer and toner manufacturer violated the Computer Fraud and Abuse Act by installing a malware update that prevents consumers from buying third-party ink and toner, according to documents filed Feb. 25 in Los Angeles federal court.
The class of Epson printer users is represented by John Galgon, a Pennsylvania man who says that Epson wrongfully forces users to only use Epson brand ink and toner. The malware update is transmitted without authorization or knowledge from the consumer to the printer via an online connection, and then competing third-party ink and toners are rendered useless, the suit says.
As a result, the printer will suddenly stop working until Epson's pricier cartridges replace the third-party ones, the suit says.
According to the suit, Epson claims that the update is for advanced security measures. However, Galgon alleges that, if given the opportunity, consumers would sacrifice the "advanced security measures" rather than suddenly and without warning not be able to use their ink cartridges, the suit says.
The class sued Epson for violating the Computer Fraud and Abuse Act, violating the California Comprehensive Computer Data Access and Fraud Act, violating the California False Advertising Law, violating the California Unfair Competition Law, trespass to chattels and violation of the Pennsylvania Unfair Trade Practices.
The plaintiff is seeking punitive damages and litigation fees. He is represented by Javitch Law Office of San Mateo.