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 please I had the same problem with clothes that I am now stuck with I also bought the wrong size pack of diapers and I tried to return them to get the right size and the package was not even opened and they refused to take it back
I have a pair of pants I bought for my grand daughter and I could not return them. I still have my receipt but Walmart was not taking returns.
Please add me
Add me, Please
Add me please
Please add me.
I purchased a pair of children shorts…. When I got to my car, I realized that I purchased the wrong size…. I immediately walked back into the store (just minutes after my purchase), and they would not allow an exchange, store credit, or refund because I exited the store after purchase.
I mightve a lease on a new place for my son and I a mere SIX DAYS before the city of Atlanta closed all bars/restaurants (I’m a bartender with 32 yrs of experience). Before everything shut down, I made several trips to Walmart to buy various items such as trash cans, curtains, welcome mats, Etc. When everything locked down, I attempted to return just about everything since I didn’t qualify for unemployment and I was trying to feed a growing 15 year old boy. I tried to take everything back and they wouldn’t accept it. I tried to negotiate for store credit so that I could at least buy groceries. They were unbudging. I attempted to return these items at several stores knowing that Walmart has been historically inconsistent with their employees knowledge of store policies and procedures. I, in effect, got into heated debates at every single one of these stores about this Sudden Change in their return policy. I even went so far as to go back and take pictures of each department where I purchase the items which I was trying to return. There wasn’t a single piece of signage at the front entrance, the exit, the registers or in the aisles about this change in policy. I had to sell the only family heirlooms I had in order to buy food for my son and I. They really really screwed me over. If there was a way for me to join this lawsuits, I really would love to know how. I have lost sleep, a lot of Tears, my dignity in some cases and a lot of faith in this retail Giants. I spend a lot of money at Walmart. I have documentation of all my receipts since I use the app. I’m talking thousands and thousands of dollars. I go there for everything from groceries to staple wardrobe items to craft and sewing supplies to anything else I might need for a client. I cannot express how angry I am with Walmart about this. And every single one of their employees argued with me as though I was wrong for expecting signage or notice. And none of them offered an apology. None of them acted the least bit and pathetic to what I was going through. It was a very self-righteous and indignant exchange where I got increasingly more frustrated over being treated as though I was trying to get away with something. And I understand not accepting returns of Fabrics or cloth items only if posted. However some of the things they wouldn’t take back really pissed me off. I have been trying to return a $20 bottle of self-tanner that I purchased under the impression that it was $10 less than the price that rang up. I don’t know if it’s display price on the Shelf wasn’t updated or if it rang incorrectly or what. But they wouldn’t even look at it. They would take it back and it’s not like you can use self tanner and then return it so I was very frustrated by that. I needed that money terribly bad. And now, two weeks after everything started reopening here in Georgia, I am working 16 hours a day for 6 days a week to come up with four months rent by July 1st. I really need that money from Walmart. I mean, I’m tearing up and my voice is cracking as I’m dictating my situation into the phone.
My sister sent my Mom clothing she purchased for her from Walmart. My sister lives in Idaho and my Mom lives in California. She included the receipt in the package of clothing so that I could return or exchange the items, if necessary. I went to exchange the two pairs of pants for a different size and was told that Walmart was not accepting returns on apparel. I had to then buy the pants in a different size. I am now out that money until they start accepting apparel returns. I kept checking the return policy online to see when I could return them. When they posted that they were now accepting all returns, I went to my local Walmart in San Diego, CA to do the return. I was told that return policy was for walmart.com only. I asked them why they were not accepting returns. No one has an answer. I contacted various departments within our California government to see if there was some sort of Covid-19 regulations that were restricting Walmart from accepting returns in various departments. The state has no such temporary regulations. No government official had even heard of such a thing. So, this is just a policy for certain states that Walmart is punishing by not allowing certain returns. I went to Target on June 19, 2020 and they are accepting all returns. This is insane. So many people are financially strapped during these difficult times and Walmart is punishing them even more by not allowing them to return merchandise. Not a good look for Walmart.
Same thing in Allen and McKinney TX. Wasnt even clothing. It was an ointment that someone had obviously opened. I didnt know it until I opened the box. I could not return it. I ended up having to just another one since I couldnt return or exchange. I was just told no returns being accepted. The person I checked out with did not inform me no returns were allowed.
Absolutely…I having Been Using Walmart For Years To Shop…I had purchased Clothing for My Foater Children Respite Care at Walmart In Md at Owings Mills…I went To Go And Return Some Items Due to yes The Dressing Room was Closed…And Was Told By an Employee No Exchanges No Returns No Refunds until Furthur Notice…I later Called and ask When was the policy change i literally was there a Week before and They
Employee Nonchalantly Simply Said Sometime Within That Week…Ths Was The Beginning of May 2020…