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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
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857 thoughts onWalmart Class Action Lawsuit: COVID-19 Return Policy Unfair
Same thing also happened to me in walmart in phoenix, Az. I was unable to try clothes on. So I grabbed what I thought would fit.2 days later I was unable to exchange for correct size, with receipt. I’m still trying to understand why people can return almost everything else…smh walmart isn’t hosing down tvs…but you can return them.. Please add me.
I bought some slimfast keto drinks in Wal-Mart on May 13 2020. I drank one that day and got a very bad stomach pain that lasted several days. I noticed it was expired too. I called Wal-Mart may 14 and they said I could not return it but have to wait until policy is changed. I also called slimfast and they said some people get a stomach ache from the product and also should not have been for sale with expired date. My stomach bothered me for a week after that.
Same here I live in New Jersey and Walmart is still not accepting returns but Target is. I don’t understand why Walmart is taking so long to start taking returns back.
Same thing happened to me in Arkansas. It’s not even posted in the customer service area-either regarding the change in return Policy.
Add me please
Same thing happened to us at Walmart in Indiana PA Dressing rooms were close but the lady told us we had 14 days to return the stuff if it didn’t fit When we went to return him they would not take them back They said because of the Corona virus I called the corporate office and told them my experience at the Indiana Walmart and he said he would get in touch with them but that is their policy he is sorry that the lady misinformed us I told him that I am on disability and so is my son we could not keep Buying clothes and different sizes for my son’s kids He said he understood because there’s things that he would like to return What am I supposed to do with all these different size of clothing Would definitely like to be included in this class action
Same thing with Walmart. I have a bag of clothes to return. Never saw one sign in clothing that stated you can’t return. I would not have bought them.
Same here. Add me.
I have return on clothing that Walmart will not accept
The cashier told be when the Covid-19 goes away then they will except returns. I told her bull and it’s not going anywhere.
I tried to exchange a shirt and canned goods that a family bought for my mother at the end of March. I was told they were not able to make exchange, due to COVID-19. I bought shampoo and the wrong canned goods and went to return with receipt and was told this again in May.
Add me please
The same happened to be with Walmart.
Yes, I tried to take some stuff back to Target and they told me I had to wait until the COVID 19 Pandemic was over which by that time I would have been out of the 30 day return policy. Target should have the same lawsuit brought against them.