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 have tried to return with receipt clothing purchased never saw any signing nor was I informed by cashiers or anyone or announcement that clothing would not be returnable it is frustrating and aggravating that the largest retailer can not accept returns in California and they can in some states under the disguise of Covid 19 they are being deceptive and inflating their sales and marketing deceptively ! At time of purchase shopping was open to buy clothing I am boycotting and telling friends don’t shop at Walmart !it is July and while returns are being taken everywhere they still can’t figure out a way to accept and credit returns ??? Get real! I’m going to file with California Better business and send The Govenor My complaint !Lets call news stations to complain too!!!
I want to be included in the lawsuit. I purchased the wrong personal care item on 5/18/20. The product has never been opened but they refuse to let me return it. I’ve called Wal-Mart corporate many times and they keep changing the date when I can return it. Last week they told me I could return it this week, yesterday they told me they don’t know when it can be returned. I’m tired of being given different dates about trying to return an unopened product.
Please add me to the class action lawsuit. I went through the same experience of being denied a refund when trying to return shoes and other “apparel” classified items.
I attempted to take clothes back that I purchased online and a bathing suit that I bought in the store. When I arrived at Walmart on May25, 2020, I was refused a refund due to the Pandemic. I did not see signs posted letting shoppers know returns were not being accepted.
add me, same thing here in Indiana. And sadly my daughter lost one of the receipts so how am I gonna get the original price back now since I’ve seen the item on clearance???
I went through the same experience. The dressing room was closed so I took items home to try on. When i went to take them back, they refused. I asked why they did not have signs posted in the areas and the checkout. The VERY RUDE employee pointed to a small sign at the returns counter stating the new policy. What a rip off!!!!
There were no signs except at returns. Who checks that. I am very surprise. That Wal-Mart did this. Without notify anyone at the check out. I am a senior and I need my money back You are holding my mo ey and I do t have anything To show for it.
I have a pile of clothes that I’ve bought for my kids, couldn’t try them on and had to guess at sizes because they’ve grown, some didn’t fit and wasn’t allowed to return them despite there being NO signs anywhere in any of the clothing departments. I shopped in the mens, womens, girls, boys, and baby department, and there was not one single sign. When I went to return them, I was rudely told to bring them back after covid, and there wasn’t even a sign in the customer service area that they could show me. They specifically said they have no idea when the policy will change, and i just have to wait till it does.
I experienced the returning of items change in store procedures first hand. I wrote to Doug McMillon because I was told by manager in San Antonio, Texas that returns would not be accepted until Coronavirus was over. I still have not been able to return cloths bought for my grandchildren.
I am having the same issue in Massachusetts. No sign except at customer service. Tiny sign hung up on the plastic shielding. You won’t see the sign until you Go to customer service and try to return something. Dressing rooms closed so you have no choice but to buy it and hope you got the right size. All other stores are accepting returns. What happen to customer satisfaction.