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
Same thing happened. I bought some shorts and couldn’t try them on in the store and They were too small and when I tried to return them the lady told me that they weren’t taking any Returns on certain items and I would just have to try back in a few days so I mentioned maybe they should put a sign up stating that and she said that’s not needed? Also she said that if the receipt gos over 30 days I would still be able to return it.but they said that wasn’t true so I’m stuck with shorts I can’t wear
I bought ring in may had it for 2 days and I decided to return it cuz my fingers swelled up so either I wanted to exchange it or return it and I have receipt and they told me no they aren’t excepting returns right now nor did they say anything about no returns right now when I bought no signs nothing . So I would call them and ask again and again when can I return the ring someone told me when this is over with, and another time their not taking any returns back for couple weeks and then I called they tell me yeah on some items but when I got there with the ring they tell me no not jewlery and showed a list then saying I have like 6 weeks from time I bought ring that in about 6 weeks I cóuld return it but still I can’t return it to this day and I’m mad cuz I want my money back I haven’t wore ring either still have it !!!
Same thing happened to me…receipt in hand, tags still on items & was turned away saying ‘no clothing returns due to covid’
I bought some items of clothing. Felt confident in returning my items because I had my receipt (many times I don’t ) but was turned away immediately being told they were not accepting clothing returns due to CoVid
Greedy lawsuit happy people. Get a job! Why would anyone be upset that a company is trying to protect their customers and employees from a deadly disease?
I agree…apparently she has to much time on her hands! I know for a fact they Walmart will take returns back now! Those returns are put on a 72 hour hold and sprayed down with Lysol before being returned to the floor! They have never said they wouldn’t take things back, but because of unexpected Covid19 they stopped taking things back! The lady is Ignorant!! Let’s put those clothes on her kids???
I am am an essential worker during the pandemic bought a couple scrub tops and they didn’t fit I couldn’t try them on due to the fitting room being closed so I came home tried them on and they didn’t fit I called the store literally 20 minutes later and they told me I couldn’t return my items because of the virus and they couldn’t take a chance
There is no signage or any other kind of notification at our Austin, TX Walmart store that due to COVID19, Walmart wasn’t accepting returns of selected products. Further, the greeter/cart cleaner staff when told that foks needed to return items, did not warn visiters to the store that there were no returns. Since
I purchased some compression stockings from CVS and sizing chart is not correct, $44 and they wouldn’t take them back, no returns there either period
Are you kidding me, you will not believe this…. we bought an air mattress but never opened it, decided not to use it and do another method instead, my husband was just about thrown out of Walmart when he tried to return it during COVID. He was treated horrible, the told him to leave the store, everyone got up against the walls, backed off from him like he had the virus. According to what we were told later on someone called about returning one that was opened but found out to be damaged, wanted to return it but told them their child had the virus, they stated they were on their way to return it when they were told they could not. So in walks my husband, no one ever looked to see if the product he had to return was open or not they just all started shouting at him you have the virus get out of the store now, they all went up against the walls, the manager told him to get out and everyone just stood and watched him until he left the store all yelling you have the virus get away from us. It was horrible my husband was so angry, totally pissed off he said no one even looked to see that what he wanted to return was completely sealed, never been opened they just treated him so disrespectful
Even before the virus walmart has a policy to not accept air mattresses back, only even exchange for exact same mattress.
My daughter came to visit and decided to sleep on outlr layout sofa..i returned the air mattress i bought with receipt with no problem.. Hmmm
My daughter came to visit and decided to sleep on our sleeper sofa..i returned the air mattress i bought with receipt with no problem.. Hmmm
You should talk to an attorney. That particular manager is an idiot. Not handled responsibly at all.
On two occasions, I bought grocery items that were spoiled. I bought a 2lb bag of Shrimp that smelled spoiled when I opened it. No refund. A month later, I bought a Watermelon that was spoiled too. No refund. Almost $30 spent and no refund!!! Please add me