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
My name is claudia and I purchased a household item a broom but I didn’t need after all brand new I never used it I tried returning it twice and was told I couldn’t return it because it was a household item but when I read their return policy due to COVID it states household chemicals not a broom it is very misleading and I cannot get a refund I have the receipt but the said they can not return it intel the lift their policy very bad customer service and misleading
Yes I tried to return some pants, bought for my brother. All the tags were on.along with my receipt, but they refused to take them back. I was very upset. Seeing there was no sign posted. Plus workers had very bad attitude. I said to her this isn’t right. Plus she didn’t know why the returns weren’t being accepted back. Please add me to this suit
I walked to the fitting room to try on the clothes I planned to purchase, but the woman working at the fitting room told me the fitting rooms were closed. She did not say why. I told her that’s ok. I will just take them home and try them on. She Never informed me that I wouldn’t be able to return them. I tried on the $60 worth of apparel when I returned home. All of the items were at least one size too big. I drove back to the store and tried to exchange the apparel for a smaller size and was told by the customer service attendant that Walmart was not excepting returns on apparel. Naturally I was upset because there were no signs and the lady working the fitting room didn’t tell me of the policy change. I need the clothes so I purchased every item I was trying to exchange for a smaller size. This happened on 4/26/20. It’s very upsetting for me financially since I am a single mother and have not received any child support Since March. I really need that $60. To most people it does not sound like a lot of money but to me, it is a weeks worth of groceries to feed my three daughters.
I also tried to return my items and was turned away. Not fair I bought them during the outbreak knowing they were probably touched by infected people they can take them back.
please add me too. Walmart won’t take back 5 pairs of jeans I purchased
I purchased clothing and cleaning products at a Walmart store. No signage posted saying returns would not be allowed. Went to return clothing – store clerk pointed to small sign near customer service register.
Our Walmart will not allow apparel returns either. It’s quite frustrating when I’m on a fixed income and need my money back since they dont fit. They have no clue when they will except them back either
My story is similar to others noted in the comments. I purchased several items and was not allowed to return some of them because of COVID 19. In June, one of the local Walmarts accepted the return of some of my items but another store refused to accept any. I still have three items in the trunk of my car with my receipts. The policy should have been made clear so that I could have made a decision about purchasing anything in the store. Also, I still do not understand why the policy seems to vary from location to location.
I also purchase apparel and I’m not able to return it. I was not notify about policy changes. “Manager” told me he could not help me
I had the same issue in Missouri. I still have two bags of items they won’t allow me to return. I would not have purchased if I would have known.