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 purchased clothing from Walmart in CA. Dressing rooms were closed, but customer service said I could return anything that didn’t work out. When I tried to return the items the next day, they refused to refund my money. They decided to change their refund policy without notifying the customers…picking and choosing what items are acceptable to return. It’s been 2 months and I still can’t get a refund. I also purchased a pair of shoes from Walmart.com. They shipped me the wrong size, but refuse to exchange them or refund my money. I check with Walmart every few days about allowing returns again but they keep making excuse after excuse. Walmart is the only store in this area that won’t refund clothing or shoes. How do I join the class action lawsuit?
I bought my grandaughter 2 new swimsuits she wasnt allowed to try on and I bought myself 2 pair of jean shorts and 2 tops. we we not allowed to try anything on and when we got home both her swimsuits were to small, my shorts were to big and one shirt had a tear in it. I went back tot he store the same day and was told I could not return them even with a receipt saying I just bought them.
It’s easy. STOP SHOPPING AT WALMART!!
I have clothing items and a car seat that I need to return but can’t. My problem is that I returned clothes and a personal items the week before at the same store. I was told that they would start accepting all returns 30 days after the state of emergency was lifted. In NJ the state of emergency was lifted at the end of May and now it’s July 14th and they are still not accepting returns or should I say certain employees aren’t.
I had the exact same issue in NYS. I purchased 2 bathing suits because i couldn’t try them on & was told even though it’s a bathing suit I could still return the 1 we don’t like. I came back the next day to return the 1 I didn’t like & was told by the front desk of the new return policy. I was extremely upset as I am out that $ until Walmart eventually changes their policy.
About the same time I purchased clothing on their website & they wouldn’t take back the items that didn’t fit either.
I have over $50 in clothing bagged up waiting for them to accept clothing returns.
I have numerous items that I purchased months ago, most are clothing, and still am not able to return them. I called every few days and ask when I can return them, they still have no date here. I just don’t understand how they think this is going to help with not spreading the virus, when they allow anyone to touch clothing, products, surfaces, when they are shopping and browsing the store. I guess as long as it’s touched while in the store, it’s safe but once product leaves the store, only then it can become a target for holding the virus. Haha. I just want my money back on these items that I am not able to use.
I tried to return clothing within 2 hours of purchase as nd wad told i could not return
I purchased some clothing items as well as water shoes for myself and my 2 children. Since I won’t bring my kids to the store I had to buy multiple sizes to see what would fit them. And the clothing for myself, I was unable to try on in the store since the dressing rooms are closed right now, so I bought everything to try on at home. When I went back to the store a few days later to return items that didn’t fit, I was told I could not return any of my items. I looked around the clothing, dressing room and shoe area and they have no signs posted anywhere notifying customers of the return policy change. Not even at the checkout counters. The only sign they have is taped to the counter at the customer service booth, where you go to return. I was told they have no idea when returns will be allowed and I should call back everyday to inquire, since I live about 45 min away from the nearest walmart. This is extremely frustrating, especially when I’m not working and money is tight. I have worked in retail for 15 years and managed my own store for 7 years, and this is completely unacceptable customer service, Walmart has lost a customer!
I only buy scrubs as clothing from Walmart but on a whim I decided to buy a sports bra. The sports bra was on an incorrect hanger so I thought I was buying the correct item but in fact it was much bigger than what the hanger said. My fault for not checking, however, I tried returning it to the store which is 10+ mins away from me depending on traffic and was turned away. I tried contacting Walmart and they said Walmart in California was not accepting clothing returns due to COVID. Other retailers in the state have started accepting returns as of last May/June. I complained to the rep over the phone that obviously Walmart would not compensate me for my time, gas, and wear on my vehicle for my attempt to return an item that I didn’t need. They told me to hang onto my receipt but as time passes it is more likely that it will be misplaced and then there will be even more uncertainty as to whether I can get my money back.
Was returning birthday gifts that didn’t fit my daughter and not until you get into the return lane is there a sign post. They didn’t allow me to return the items.