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
Add me it happen to me
I purchased shoes that Walmart would not let me return and had not informed me prior to purchase that I couldn’t exchange or return them. Very frustrating!
Yes I purchased some clothing items there and could not return. Never saw any signage stating I could not return or sales were final.
I purchased workout apparel at walmart in Rochester NY in early June. There were no fitting rooms open because of covid 19, so I took items home to try on. They did not fit so the next day I took them back to the store. It was then that I was told of the change in refund policy. The Walmart website told me to start the refund on line. I downloaded the app to my phone, scanned the receipt, and the app told me my return had been accepted and to return my items to the store. I went back to the store and they still refused my refund. It is almost 30 days later and I am still waiting to return the items. This policy change was not posted when I purchased the items, when I went back there were 3×5 cards attached to racks, notifing of the policy. The policy is unfair, because it affects low income customers more than others; the policy change was not prominently displayed in the area of purchase or announced by the company in advertising. Other vendors quarrentine returned items but do allow returns. I wrote to the company complaining about the policy and received no reply. I would like to add my name to the class action started in California
I bought food, clothes,shoes that I tried to return and could not.
We purchased some jeans from walmarts, dressing rooms were closed , they were wrong size so tried returning them next day they said no returns, all we wanted to do was exchange them for a smaller size, we had our receipt too. So please add us to thje law suite
I tried to return unopened mattress cover, perfect cushion, AReds Vitamins unopened, shoe horn and tooth ache medicine unopened to Walmart and was refused to take them back in Henderson Nevada. If you buy from one Walmart and try return it at another your told to go back to the store you bought it at also
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Please add me it happen to me
Please add me to this lawsuit. They refused to give a refund to me due to COVID 19. Item had not even been opened!
Anne Vitasek
I purchased a vacuum and a carpet cleaner at the same time I use the vacuum in the middle of me vacuuming the suction blade stopped working while I was cleaning my carpet it kept slowing down as I was pushing you forward when I returned it I also had a warranty for both items I was told I have to go through the warranty did the other day when I called the warranty people they told me there is no one do the covert come out and help me they were going to troubleshoot over the phone so I could fix both of my appliances