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 my partner some shorts for Father’s day, and he bought me some clothes as well, we couldn’t try on the clothes so we just thought if they don’t fit then I’ll just return them… Just a few days later I tried to exchange some items or return them which ever because some things didn’t end up fitting, however once we got to customer service we were told they were not taking any returns and I was in shock because now I don’t have clothes or my money and if I would have known that they weren’t accepting returns than I would just have saved my money and I feel bad because I have like low self-esteem and I also never agree to buy myself something nice and now that I finally do this happens, it makes me feel like I should never have bought myself something in the first place. Thanks a lot Walmart.
I bought a pair of sandals at Walmart. They were a little to big and I and had not left the parking lot. I went immediately back into Walmart and was told that they had suspended their return policy. The girl working said she did not know when they would be doing returns again. So I couldn’t wear the pair I bought and could not afford to buy another pair.
Please Add me! I purchased pants for work as an essential worker and they were to big so I tried to refund them and they stated to hold on to my receipt and they will be able to refund me. I needed the pants for work and I’m still holding on to the pants as of July 11, 2020.
Purchased clothes for my 2 boys at walmart in porter ranch, ca there were no signs stating I would not be able to return the clothing otherwise I wouldn’t have purchased the clothing. I went the next day to return and was told not accepting apparel returns. I have been back 2 times since and still have the clothing. I want my money back, I bought shorts for my son around the same time at target and when they didnt fit I returned with no problem. What can I do about walmart refusing to take my return?
Walmart is a multi, multi BILLION dollar corporation. What does it profit them to not allow their faithful customers to not return clothing items? Stores like Kohl’s and Macy’s allow returns. Why not Walmart?!! As long as customers continue to shop at Walmart, they will not care about returning your money as long as you are spending it in their stores. Very interestingly, the states where Walmart currently allows clothing returns, are now some of the biggest COVID 19 hot spot states in the country. Go figure. You can’t even return items in MA, Conn and RI. What’s up with that?!! I agree that Walmart is hiding something. BOYCOTT WALMART STORES!!!
Walmart should be ashamed for not allowing returns. What does it profit this multi, multi billion dollar corporation by not allowing customers to return clothes?!!! Kohl’s, Macy’s and other stores allow returns of clothing items. This is an insult to Walmart customers, a smack in the face, and Walmart does not care as long as we foolish customers continue to buy their goods. Interestingly, some of the states where Walmart allowed returns are now some of the biggest hot spots in the country. Go figure.
BOYCOTT WALMART!!!!!
I purchased apparel in SC for my husband and son for an upcoming trip. There were no signs in the apparel department indicating that returns would not be accepted. If there had been notice given, I would not have purchased the items since I had no way of knowing for sure they would fit. Of course, neither item fit. I went back to Walmart the next week to return for a refund with the tags attached and receipt. I was told that returns were not allowed on apparel. It is now July 10th and Walmart is still not accepting returns in SC and has not provided any date. They have my money and I am still having to hold onto my items waiting for Walmart to finally decide to accept returns in SC.
certainly Walmart can afford to return all items.
If not they will risk losing customers. That was one reason I used to shop there, the no hassle return policy. Now that the return policy has changed I will think twice, And what about online shopping? The item(s) still go out of the store. Especially knowing that Walmart has the reputation of selling everything made in China! Maybe I will avoid the store at all costs and shop in stores with products made in America. Why can you return online items purchased and not items bought in the store. Think there is a way to isolate items taken out of the store and brought back before putting them back on the shelf.. As I see it many items are touched by many people and they are sold. What secret is Walmart keeping from the general public. Not a good policy! Since the new policy began I purchased jeans, grill spray and an ear cleaning system that I tried to return in a timely fashion. None of the items were used nor opened in the case of the ear cleaning kit. The jeans were for my husband and he did not need them and did no try them on. I am keeping my receipts and hopefully I will get my money back. certainly Walmart is not serving the public. O and all of the items were for my husband and he could not get out to the store personally. What about those people?
I have over over hundred seventy five dollars in clothes that were bought the from the day of the No returns policy enacted. I have boughten food that was still wrapped that I could not return. It was spoiled It is very upsetting that just yesterday I walked out with the wrong sized pants were missed marked the manager stated when I walked out of the store I could not bring them back in Per policy.
I have over over hundred seventy five dollars in clothes that were bought the from the day of the No returns policy enacted. I have boughten food that was still wrapped that I could not return. It was spoiled It is very upsetting that just yesterday I walked out with the wrong sized pants were missed marked the manager stated when I walked out of the store I could not bring them back in Per policy.