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 bought a baby gate but it wasn’t the one I needed and I found out about the return policy( which was extended in case your 90 days ran out) so I kept my receipt because they said when returns are accepted I could return it. So about a couple of weeks ago when returns opened I brought it back to the store and received a full refund on my return. No problems at all. It made sense to me about not having returns to keep everyone safe and the hoarders from returning any toiletries they had purchased in bulk
Purchased swimming trunks for my grandson, they didn’t fit. Was not advised of return policy change due to covid-19 and of course was not able to receive a refund. To top it off, I received an advertising email from Walmart stating they have started a new program of selling gently used clothing!!!! Are you serious? I cannot return brand new trunks, that have not even been worn, but Walmart is selling used clothing?! Absolutely Ridiculous!
Bought a pair of pants for my husband, tried to return and or swap out for shorts and customer service told me they were not accepting any return on CLOTHING right now that I can hold on to my receipt and bring back whenever they accept clothing again. Whenever that may be.
Please add me.
This is so absurd! There are signs, literally, all over the stores stating the policy change…and at every register. People just don’t bother reading what’s right in front of them. And heaven forbid Walmart try and protect their employees in any way……
BTW….most store have this same policy now, in an attempt to protect their workers….
Love your comments all true!!!
I bought household items and clothes for myself and my grandson I tried to return the dress and pants and was told I couldn’t. Please add me. Thanks
I purchased socks and have tried to return them a couple times but was not allowed.
My WalMart store in Cleveland TN. claims the same policy. My wife purchased some clothing and tried to return some of it due to sizing. The management told her that they were not accepting claims due to the virus.
I was shopping and got a few outfits for my daughter. Some of the items I wanted her to try on but she couldn’t because they was 30 mins from closing n had locked the dressing rooms. When I got to the register I asked what was the return policy on clothing just incase she couldn’t fit one of the outfits. She told me they wasn’t accepting returns at the moment. I had already purchased the items but hadn’t left out the store. I was still at the register. I asked to get my money bck because I didn’t know for sure if the clothes would fit. She told me I couldn’t do so. Huh? I asked her why not? I haven’t left the store n was still in line. She called her manager and she told me the same thing. I was like Really? Are you guys serious? You mean to tell me that I can’t get my money bck for something I just purchased, without leaving out the store? Still in line and everything! She told me No n refused to give me a refund. Just a few days before that my mom purchased some items and had no problem getting a refund for the items she returned. I was heated! I’m in the process of getting a lawyer as well. It’s not right at all….
You’re f***ing stupid.
I bought a book and by mistake one my daughter already had. Walmart told me no returns even though just wanted a different book