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.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
857 thoughts onWalmart Class Action Lawsuit: COVID-19 Return Policy Unfair
pleae add me I experienced the same thing. customer service was so rude and nothing posted. left several messages for manager and no response
I’m in Iowa but I experienced the same thing. There were no notices on the website or any signage in the stores as to any refund policy change. I was told the same thing (that Walmart was not allowing returns…after standing in line to return). Weeks later Walmart allowed returns on some items, but not others. Again, without any advising customers on this change. There was no apparent reason selected items could not be allowed refunds, but other items were?! Is COVID only able to attach to some items and not others?! NO! Other retailers were accepting returns. There were many options for Walmart for safe returns of any/all products (quarantine items, employees wear gloves / masks, etc.). Weeks later, Walmart posted the acceptable / not acceptable return list on the global website. I feel this return policy change was more about having high net income (and increasing Walmart stock prices) during the pandemic and Q2 financial results than anything legitimate. I was pretty convinced that Walmart would accept returns July 1 (because that would be Q3) but this class actions must’ve pushed them.
Add me…
I also tried to return some items and they told me I couldn’t that because of the covid 19. It June 24gh and Walmart in Pomona ca is still jot accepting returns. That is an unfair policy and they should have put signs saying that there policy changed. Add me to the class action
Add me. This has created alot of stress on me. I lost alot of weight and needed new clothes but could not try them on. I had to guess on my new size. I tried to return the clothing that did not fit and they would not return it. They need to have signs in the apparel section of the store.
I tried to return 2 pairs of pants with the reciept and the tags on them to not one but two seperate Wal-Mart’s. I thought maybe it was just the manager being difficult but at the second store I asked what the problem was . I was told that at this time Wal-Mart would not return personal items until further notice. I said then what is the point of having a receipt? She had no comment. She just called the next person in line… This is not the first time I have had Wal-Mart suddenly change its return policy. Ive been stuck with their merchandise one other time without a reason why they wouldn’t do a return with a receipt. They play games at Wal-Mart .it unfair business practice if you ask me.
I have had the same problems at Walmart attempting to return some items. First return I attempted was of pants and boxer briefs, although I was denied access to dressing room to try on pants and the boxes briefs had never been opened. I was refused the return because of covid19. At that time, there were no such return exceptions posted anywhere. There second time was after signs were pictured on items no returnable she this moment. I attempted to return a purse I had purchased. And I was denied being told that the post fell under the apparel items purses are not labeled as apparel any other time yet I was still refunded
They refused to let me return something. Please add me.
I tried to take back an unopened but spoiled product. They refused. Please add me.
I guess I can say ‘same issue here’ as I don’t have a month to read all the replies! Nothing was said until I got to the counter. It wasn’t clothing, it was some makeup that I purchased previously, same brand that I use, had the same color code, but when I got it home and used it it was much darker than the old one. I checked it out and everything matched up. When I asked the clerk why they couldn’t take it back she told me because of the virus. I told her that it had been opened and they couldn’t put it back on the shelf! And she refused.
Make up in general is not returnable at most stores regardless of covid19