UPDATE: On Nov. 6, 2020, a proposed class action lawsuit against Walmart over its temporary pandemic return policy was allowed to inch forward after a judge ruled employees of the retail giant inconsistently applied rules about whether consumers can return goods.
A California woman has filed a class action lawsuit against Walmart, accusing the retail giant of changing its return policy during the coronavirus crisis.
Plaintiff Danielle Hubmer says the company altered its normal return policy without posting any signage or otherwise letting customers know about the changes.
Hubmer claims she purchased items, including clothing, at a California Walmart store on April 25.
According to the Walmart class action lawsuit, the dressing room at the store was closed when she was shopping, so she was not able to try on any of the clothing items she planned to purchase.
She also says she did not see any signage or item tags that displayed a new COVID-19 return policy.
Despite not being able to try the clothing on, Hubmer made her purchases and left the store.
On April 27, Hubmer says she returned to the store to attempt to return some of the items she had purchased two days earlier.
The Walmart class action lawsuit says she was compliant with Walmart’s normal return policy in that she was within the window of time during which the store allows returns and the items still had the tags on.
However, the Walmart lawsuit claims, Walmart refused to take back Hubmer’s items and “refused to provide Plaintiff with a cash refund, store credit, or an equal exchange for the full price of the purchase of her goods.”
Instead, the store manager told Hubmer the store was not accepting returns.
The Walmart class action lawsuit claims Walmart employees are not typically trained in the company’s return policies and in many instances are giving consumers “a wide array” of misinformation regarding the policies.
The lack of correct information given to consumers by Walmart employees is “widespread and pervasive,” the Walmart lawsuit claims, and even web searches for the company’s return policy yields thousands of customer complaints.
As of June 17, an article on Walmart’s help page says: “As part of our COVID-19 response, we will temporarily not allow store returns on certain items. For the most up-to-date information, please visit Walmart’s Policies and Guidelines website.”
The Polices and Guidelines website’s most up-to-date information, dated June 15, says the retailer “paused processing returns and exchanges” for several categories of items, including clothing for “a number of weeks.” However, no information was available on when the alleged “pause” began.
According to the site, as of June 15, the retailer is once again accepting returns “in most states” in accordance with its normal policy, and “any items that were temporarily not permitted for return and were purchased between April 20 and June 15 can now be returned through Sept. 15 with a receipt.”
The Walmart class action lawsuit alleges the company is in violation of the California Consumer Legal Remedies Act, the California Business and Professions Code and California civil code. The complaint also accuses Walmart of breach of contract.
Hubmer claims she and other potential Class Members entered into a contract with the retailer at the time the purchases were made, and Walmart broke that contract when they refused to allow the return of the items.
Hubmer is seeking compensatory damages due to Walmart’s alleged breach of contract; damages as a result of the company’s “unlawful, unfair, fraudulent and deceptive practices;” injunctive relief to stop such practices; punitive damages; court costs; attorneys’ costs and fees; interest; and any other relief the Court deems proper.
She is also demanding a jury trial.
The number of potential Class Members is unknown, but according to the Walmart class action lawsuit, the number could be in the hundreds of thousands.
Hubmer says a class action lawsuit is proper in this case because given the size of claims of individual Class Members, “few, if any, could afford to seek legal redress” individually. Once the defendant’s liability is established, the class action lawsuit will “permit an orderly and expeditious administration” of Class Members’ claims.
The plaintiff claims that without a class action lawsuit, “Class Members will continue to suffer damages, Defendant’s violations of law will proceed without remedy, and Defendant will continue to reap and retain the substantial proceeds of its wrongful conduct.”
Find out more about your legal rights regarding COVID-19 with Top Class Actions’ complete coronavirus guide.
Have you tried to return items to a retailer during COVID-19? Have they refused to take back your items? Tell us your story in the comments section below.
Hubmer is represented by Mitch Kalcheim of Kalcheim Law Group PC.
The Walmart COVID-19 Return Policy Class Action Lawsuit is Danielle Hubmer, et al. v. Walmart Inc., Case No. RIC2001569, in the Superior Court of California for the County of Riverside.
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857 thoughts onWalmart Class Action Lawsuit: COVID-19 Return Policy Unfair
The same thing has happened to me too, and it seems like every time I go to return something different, it has been added to their non-returnable items list. I have quite a few items that I’m waiting to return. It is frustrating for me as I live over an hour away from a Walmart so it costs me a lot in gas to go to Walmart.
add me problems to return items I purchased.
I tried to return an unopened, new in the box blow dryer that I had purchased for a Mother’s Day gift–it was too heavy for my Mother. On the app, I started a return and it said to take it to the store. I showed the message to Customer Service, spoke to several “managers” each who said it was a corporate decision and policy. I pointed out that it was a corporate policy that they all wear masks as a part of keeping staff and customers healthy during Covid but NONE of them had them on, now stayed behind the safety glass. To me this says that corporate policy isn’t important. But they became more insistent that I could not return it for safety reasons. There was no signage in the department where I purchased it. They had a little 8.5″ x 11″ piece of paper printed out that they pointed to anyone who wanted to return. They could not tell me when they could return it. I had staying in as much as possible to this point so was particularly disgusted that I went to a store that would not honor their own policies and put shoppers at risk.
Yes I purchased some pants from Walmart and I could not try them on due to fitting room being closed. When I got home I tried them on and could only fit one pair out of the three pair I had bought. I went to returned them and I was told I could not return them due to them not accepting returns for clothing.
add me
Bought slippers and found them to be uncomfortable when worn.
Tried to return a shirt that was too small, and both items were rejected.
NO REFUND given.
I’ve gone back three times as no one answers thier phone.
I actually tried to return a night gown for Mother’s Day (mother/daughter) matching gowns. It was a llama pink polka dot. We purchased a size 4 but went to another Walmart and found the right size which was a 5. We had the receipt and it was within the same day. However, when I approached guest services I was told that they were not taking any baby/toddler products back during the corona virus and that I would be stuck with it. So I ended up buying the size 5 as well but there was nothing that I could do with the size 4 because of their refusal to take it back. The tags were still on it and it hadnt been used.
Yes since the pandemic started and the stay at home order was put in place, I started several projects and when I went to Walmart to purchase lacquer not knowing which one would be best, since there wasn’t an associate there to assist, I purchased the lacquer blindly. I went to the store the next day trying to return the product and was told that I couldn’t do to COVID. There weren’t any signs or bulletin posted saying no returns or all sales are final. If I had known that I would have saved my money.
Please include myself please. I have several items of apparel and a pair of shoes, I purchased on line that I can not return as of yet. I’ve gone 3 times because no one will answer the phone there so I can ask if they are accepting returns yet. I’m out the $ til I can return them.
I have the same problem here in illinois, still have the bag of stuff to return.
Add me please. Same experience here in Michigan! I went back 3 days later after purchase because the ink I Pritchard for my printer was defected. I had to rebuy product!