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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.
Join a Free Coronavirus Class Action Lawsuit Investigation
If you believe your rights were violated in a way that is directly related to the coronavirus pandemic, you may qualify to join this coronavirus class action lawsuit investigation.
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857 thoughts onWalmart Class Action Lawsuit: COVID-19 Return Policy Unfair
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I’ve tried to return a box of trash bags that had been opened. I didn’t know until I got home. They wouldn’t exchange or give me my money back. Also, tried to return Lysol spray (unused) with receipts in hand. I still waiting for them to open returns so I can return my stuff!
Same thing happened to us! We bought pants for my husband since he was starting a new job. The fitting rooms were not open. So we ended up buying 2 pair of pants, even asked the lady at the fitting room if we could still return them and were told yes! So when I tried to return the pants the next day with the receipt and they had signs at customer service saying we can’t accept any returns on clothing and other items! They should have told us it was a possibility before we bought anything!
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I bought t-shirts online 4/21 and picked up the order at the grocery pickup. No where in the app was there a noticeable warning that walmat had stopped taking return. When I tried to return the first time, I was told they would accept returns in 6 weeks. The time past, the cases of Covid subsided, most everything reopened and yet when I went back after 6 weeks, I was told Idaho will not be able to return things to Walmart until “Covid is over”. But of course it will never be over and Walmart needs to come to terms with that and stop wrongfully accepting sales under a new, largely undisclosed, de facto non return policy imposed without forewarning.
My wife bought a pair of sandals for me at the lacanto Florida Walmart they don’t fit wife tried to return had receipt they won’t take them back because of covid 19 now where out 15 dollars I live on SSI disability
Yes same thing happend to me at redding ca walmart .nothing was said or clearly posted visable to customers prior to purchas ing clothing or swim shoes & after i tryed to return w/my reicept &clothing and swim shoes that were to big i had to waiting in long lines mostly of customers who needed money services& the store only haveing one cashier working due to corona -19 virus shut down i was then told by a walmart cashier that the store was not accepting returns of apperal products at this time that the stores would accept returns in 6 weeks they would extend return time limits but yet im just suppost to take there word for this .w/out any guarentee like these stores and corperations are so trust worthy as it is .yeah right
I am a walmart associate I went on vacation in March for spring break an when I came back to work that next week they told me we aren’t returning certain things. I felt it was not right cause during the process of the changed return policy all customers had to do was get a manager and they were allowed to return the item. I would get yelled at because the only time you are leaving your house to return something and when you get in the store you find out you can’t return it. I did understand why people would be mad but no one didnt understand that us as associates could not return the products either.
My issue is that they giving people a extra 6 weeks to returns those items but if you had your receipts at the time of the return and then you lose it then you will not be able to look the return up off of your debt/credit card because it will be pass 90 days. Then what do you do. Also has anyone noticed that all of those signs are gone now that explained about the temporary return policy.
Doesn’t everyone have a smart phone now? Download the walmart app and scan your receipt in. I do this with all my WM receipts and then I never have to worry about losing them, and can always return stuff when I need to.
Same thing happend to me, nearly $100 in purchased items now unable to return.
You can ALWAYs (once returns are accepted again) return items WiTHOUT a receipt…you just may have to take the sale price if your item is no longer full price
I tried returning clothing, was told they don’t know when the store is going to do returns. I told them to read what my receipt says. It says I can return item for full refund if I have the receipt. I went back and forth with them it did no good. I told them they should post that they aren’t accepting returns so people could see it before spending money there. She said it is posted …so I looked and it was a letter sized paper with little print.
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I’ve tried to return a box of prepackaged lettuce that had a cut in the bottom of the package and it was spoiled. I didn’t know until I got home. They wouldn’t exchange or give me my money back. Also, tried to return a pair of slacks for my husband that did not fit (unused) with receipts in hand. I still waiting for them to open returns so I can return my stuff!
Funny they will take your money so easily buy they won’t give it back when there is a problem.
Shame on you!!!!!
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