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
I made several trips to Walmart to return items, which was unsuccessful. Please add me.
Please add me… this happened to me!!
Yes! I agree this is crazy. I made purchases and when I tried to return to my local store they refused. I tried to even exchange and they refused. I understood because of current conditions but was also upset/ frustrated bc signs need to be plastered all over the stores AND at ALL checkout registers stating the new policy. It’s entrapment. I feel like if they truly posted it, customers would but less and WalMart doesn’t want that.
I tried to exchange my granddaughters outfit for a bigger size, walmart wouldn’t let me.. add me
add me
Add me Please.
I, too,went to the Bremerton, Washington Walmart to purchase some VERY needed clothing (all other clothing stores were closed in my area). There was ZERO visible signage about any return policy changes, and the fitting rooms were taped off and closed due to Covid-19. I had no choice but to purchase my clothing and head home to try it on. Once home, I realized that it did not fit (was a size too large), and so I headed back to Walmart to return them. I was promptly told NO, I was not allowed to return them “until Covid ended.” I was told to save my reciept for an undetermined amount of MONTHS, and then told that “once covid ends” I “have a week or two to return them.” I asked how I would know if “covid ended,” and the manager shrugged his shoulders and said he didn’t know, and to CALL every day to find out. Call WHO? My local Walmart Hasn’t been answering their phones up until very recently!
I currently have my receipts in hand as I type this – it is almost 5am and I have been searching every nook and cranny ALL NIGHT for them, and have JUST found them. I conveniently just checked my email before heading to sleep, and saw this on an email that I had got. I will now be taking pictures of my receipt, as well as the sku/barcodes of the items as proof!
This had me so stressed – because I didn’t have the money to purchase NEW clothing after I wasted money on the clothing that they wouldn’t let me return. I have had to resort to wearing torn and threadbare clothing for months now, up until our local stores finally started opening. How embarrassing!
Yes the same thing happened to me. I purchase clothing and tried to take it back and they Walmart would not take it back was told do to COVID 19, And there were no signs nothing to tell me this. I still have the clothing as it does not fit.
Same here in Naples FL .. no signage and refused return/exchange . They said it was in clothing area , but no signs . If no receipt get the same price .. returns were being accepted AFTER covid .. did they know something I don’t . When will this pandemic end ?
I received clothing as a gift from Walmart and was not allowed to return or exchange with receipt.
I purchased clothing from Walmart while dieting to wear on a family function to Louisiana for my great niece’s graduation celebration with immediate family and they clothing did not fit , I attempted to exchange the clothing and was then told of the no exchange or return policy during COVID 19 I asked why was none of this information printed on my receipt or why aren’t customers being warned of this during purchase. Dressing rooms are closed so what do we do. I was told to keep the clothing and return later. I think that was unfair and just wrong.