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
Please add me to your class action suite i to have clothing items i cannot return to Walmart no signs were posted at the tome of my purchase and the dressing rooms were closed o purchase the clothing. not knowing there store return policy had changed
Please add me to your class action suite.
I also purchased apparel items at Walmart and went to return them and was told I couldn’t. No signs indicated this was the new rule. Could not try on clothes because fitting rooms were closed. Had I known I could no return items I would not have purchased them at this time.
Please add me
I purchased several hair and clothing items and when I tried to return them I was told that they would not accept them because of Covid 19. No one even said to return them after it was over. I still have those items, which are useless to me. Please include me in the class action suit.
Same thing happened to me
In a new jersey walmart absolutely no returns due to Covid-19. Please contact me.
Count me in . Also had the very same experience , when at customer service was told ” NO REFUNDS ” on my clothing and ” signs ” ( measuring about 3 inches by 3 inches ) were pointed out to me that stated ” NO RETURNS UNTIL COVID-19 is OVER “. These so called ” signs ” WERE NOT displayed the DAY I purchased my items either ! Their employees were instructed to ” LIE ” about that and refuse returns . In fact , the elderly woman in front of me was denied her return and she told them , ” THEN YOU SHOULDN’T BE OPEN !! ” .
Please add me to the number of people in this class-action lawsuit against these crooks .
Please add me
Please add me to the list. Customer service reps here in Gilroy, CA are very rude and sarcastic. Today, I tried to return 3 clothing items that did not fit my child. Had I known there was a change in return policy, I absolutely would not have bought the items. And for customer service rep to say “you can return when coronavirus is all over” sarcastically and slightly laughing is infuriating. I dealt with customer service reps Angie at the fitting area, Alice (the person who laughed at me), Irma (the lady at the entrance who rolled her eyes at me when I asked about why I couldn’t return and she even got within 6 feet of me that I had to tell her to step back coz she was invading my space potentially putting me in harm’s way). I tried to call for manager but no one ever picks up the phone. I was able to speak to Rebecca one of the floor managers and at least she was courteous and answered my questions about the return policy politely. Don’t think I’ll shop at Walmart again.
please add me, tried to return items with receipt, they refused to credit my credit card or let me return item, so not right
I also want to be added to law suit ! In california purchased clothing no where were there sighns about no returns if i had known would not have bought items! This was in april its now july and still cant return items! Rediculouse so fed up with walmart that was last straw will not shop there again!