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 as well to Walmart no return on clothing lawsuit
Please add me to the Wal-Mart refund class action
Happened to me. Boys shorts purchases, 4 pair were small to sizing and Walmart would not return them in-person.
I attempted to return a pair of shoes and pants and was told they were not taking returns on items however I was never advised of this at the time of purchase. There was no signage nor was it indicated on my receipt. I am interested in being part of the class action suit.
Have had the same issue. Fitting rooms closed and unable to return purchases of clothing.
Yes just today! I purchased some clothing at a Walmart in NJ. on Thursday, unfortunately I was unable to try them on, as I understand I guess, so I went to not return but just exchange for a different size. They said no, they’re not accepting returns or exchanges. Fine but there were no signs or any mention of it when you check out. I really don’t understand what the problem is, when I buy clothing from places I tend to wash them before I wearing them. There is no definitive study on how long or if coronavirus last on clothing! Just wash your clothes before wearing them! I order online clothing and I’m allowed to return or exchange.
Yes just today! I purchased some clothing at a Walmart in NJ. on Thursday, unfortunately I was unable to try them on, as I understand I guess, so I went to not return but just exchange for a different size.the next day. They said no, they’re not accepting returns or exchanges. Fine but there were no signs or any mention of it when you check out. I really don’t understand what the problem is, when I buy clothing from places I tend to wash them before I wearing them. There is no definitive study on how long or if coronavirus last on clothing! Just wash your clothes before wearing them! I order online clothing and I’m allowed to return or exchange.
Something similar happened to me just today at a Walmart in Southern California. I had approximately 200.00 dollars worth of merchandise, unopened packages of boys undershirts and boys boxers and misc. packaged crafts items, but no receipt. However, I do have the credit card the items were purchased with as well as the date they were purchased. I was told that Walmart no longer takes returns without a receipt. I asked when did this policy take effect, as it’s not posted online or in store, and the clerk said months ago.
Surprised I came home and searched online and can’t find anything about this new policy. I do see that returns have been paused in some states but once returns are resumed they have an additional six weeks to return those items.
I’m not too worried about it though…..I’ll just go back tomorrow and get a different cashier who’ll probably take my stuff back. They’re so inconsistent on everything they do there at that store.
This happened to me and I finally was able to return “health and beauty” items. It also happened with a purchase online from them, they finally credited me but it was a hassle.
Currently have three big bags of clothes in my car waiting to return. One from February, one from May and one from June. And when they finally do take them back the lines are probably going to be insane. Oh joy!
This is stupid. Every Walmart has or had signs posted at each entrance and on Signs through out the store. The cashiers even told them as they made purchases that the refund policy had changed. Cashiers and other employees told customers that just like all the other stores that stopped returns due to covid-19 that as soon as they started back taking returns they would be given extra time per their receipt date This is just someone trying to make money off walmart. Get a real job and quiit making up stuff and trying to hurt walmart. All of these fake lawsuit makers hurt walmart and its employees.
I used self check out AND trust me there were no signs. Upon attempting to return the items, the employees pointed to one lone sign which was located by the customer service counter. You must be related to the Walton family, or you are wealthy enough, especially in today’s climate to allow hundreds of dollars to fly out the window. Most people need their money, especially now. Also, Walmart continues to rake in billions of dollars on other items from their loyal customers. Poor hurting Walmart. Lastly, the CDC has no reports that state that Coronavirus can live on clothing items for any length of time. If that were so then Amazon is clearly breaking the law because they accept clothing back, even at their in store kiosks. Walmart is thinking about their bottom line only, not their customers. In other words, grow up!!!
FORBES – “When it comes to estimating how long the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) may stay on objects, many have referred to a research letter published in the New England Journal of Medicine. The research letter reported the results of a study that tested how long the SARS-CoV2 could remain detectable in the air and on surfaces. This included the virus remaining in the air for up to three hours, on copper for up to four hours, on cardboard for up to 24 hours, and on plastic and stainless steel for up to two to three days. You’ll notice that most typical clothing materials are not on this list, unless you happen to wear a suit of copper armor or a cardboard box.“
I do not what state you live in, but you are a lucky one because this is not made up for SC. No signs, no website info, cashier did not advise, etc. I, at least, am not just trying to make money. i needed and still need what I spent more than the clothing, which became apparent later.
I would like to join as well. Orange, California Walmart had closed dressing rooms, no signs detailing changed return policy, no employee advised when checked out, no change notated on clothing tag, nor change notated on receipt. There were no signs anywhere near the clothing that I purchased. Employees gave COVID-19 as the reason to keep their contact with customers down but the store was packed and I still had contact with them when they told me I could not get my money back indefinitely because they have no time frame for when they will accept returns again.
Walmart is not the only company that has done this. If you’re going to sue one then why not all of them? It’s a shame that companies are trying to protect people during a pandemic and then get attacked for it. How bout you go after companies for taking money/pay from them when positions get eliminated which is not the workers fault even if they didn’t make over pay grades. Why attack a company for your own personal selfishness that you can’t understand with covid going on that it’s for safety?