Defective Laptop Trackpad at Issue in Fraud Class Action Against HP

Trackpads on HP’s Omen line of laptops are so defective that the computers are “rendered completely unusable” unless users buy an external mouse to navigate the computer, alleged a Monday fraud class action (docket 3:23-cv-02114) in U.S. District Court for Northern California in San Francisco.

Plaintiff Justin Davis, a California resident, bought an HP Omen gaming laptop online from MDG in April 2022, and plaintiff Gary Davis, of Illinois, bought his at a Micro Center in Westmont, Illinois, in January 2022. Both plaintiffs cited malfunctioning trackpads soon after purchase and the need to buy an external mouse to make the PCs work properly. Neither plaintiff would have bought the Omen laptops if they knew they were defective, said the complaint.

The trackpad on Justin Davis’ Omen remains defective: The cursor either “fails to move, moves on its own, or otherwise fails to appropriately respond” to his inputs, said the complaint. The click function “degrades until it becomes useless,” he said, making the computer worth “significantly less” than the $1,899 he paid for it.

Gary Davis’ Omen laptop is worth significantly less than the $1,199 he paid for it because it’s “unusable” without an external mouse, said the complaint. That negates the portability of the computer because he can’t comfortably use the laptop with a mouse while traveling, the complaint said.

Plaintiffs cited eight Reddit posts with over 200 comments recounting similar Omen users’ experiences with the defective trackpad. One thread, about an Omen trackpad “lagging and not responding,” had 14,000 views and 54 replies, plaintiffs said. In the “rare cases” where a consumer reported that HP agreed to take an Omen in for maintenance, multiple trips were required to resolve the issue, “if it was ever resolved at all,” the complaint said.

Justin Davis was “confounded” by HP’s “inaction” in addressing or acknowledging the problem with the trackpad, and he concluded HP would not fix the problem, said the complaint. In researching a fix, Gary Davis found many other users reporting similar experiences, including some whose trackpads had the defect even after their laptops were returned from repair. Based on others' reports, he “had no confidence HP would fix his Defect even if he reached out” to the company, it said.

Justin Davis claimed HP violated California’s Unfair Competition Law, its False Advertising Law and its Consumer Legal Remedies Act. Gary Davis asserts HP violated Illinois’ Consumer Fraud and Deceptive Trade Practices Act. Both plaintiffs claim breach of express and implied warranty and unjust enrichment. They seek disgorgement of ill-gotten profits; restitution; an injunction against HP from “fraudulent acts”; a recall of defective products; implementation of quality control procedures to ensure future products are free from trackpad defects; and statutory damages, except for violation of the CLRA. They also seek attorneys’ fees and legal costs, plus civil penalties, prejudgment interest and punitive damages. HP didn't comment Wednesday.