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 am from California and I recently purchased some summer clothes on 7/25/20 and I wanted a size exchange on a pair of $17 shorts because they were the wrong size and they said I couldn’t because of Covid-19 and I mean no can try on the product in at least one of the dressing rooms because they have them closed but there is nowhere to try them on like what we supposed or expected to do like try them on in the middle of the store in front of everyone and most of the time we have no choice but we are forced to purchase that item and if it doesn’t fit us we are not able to get a refund or a simple size exchange and that is completely ludicrous/insane and they are supposed to help us as consumers feel more comfortable with of our purchases.
Sign me up!!
Please add me to the Walmart no-refund class action. Thank you.
In South Jersey and bought summer clothes for my grandson in April and they were all to small had heard they were finally letting returns come in but tried to take it to my local Walmart and said they were still not accepting returns. Summer is over no bathing suits left and fall clothes are now in. Geesh!!
I bought shoes for my grandson knew nothing about covid-19 returns now I’m $60 out and still can’t return them. And I’m an Arkansas add me to your list
Please count me in too. Horrible experience with no reporting of changed policy and not accepting returns.
I had to have a baby shower online(5-21-2020) and was sent baby items from my Walmart registry. Some of the items were the wrong size so I tried to return them for newborn sizes and was told I couldn’t do that. Now I’m stuck with the wrong size that Walmart messed up on and sent. Still do not know when I can return them!
I purchased house hold items and then went to Sams and found them for a little less. I went to return in Temecula and they pointed to their decrepit sign and were so rude. Having said that, 2 weeks prior they did take some items from these categories. I called Walmart’s customer service I was so upset and was told I can return in 47 of the 50 us states just not california, Arkansas and one other. Other people are bringing back opened used items from other departments no problem. I had unused perfectly sellable items. I am livid!!!
I purchased some shorts for my son and husband during COVID-19. Fitting rooms were closed so they tried on the shorts and didn’t fit them. I went back 2 days later to return and they refused to take back items due to Covid 19. I looked around there was no signs about no clothing returns. So I went back home a week later I called Walmart head quarter and I explained to them the situation and they also refused to accept returns. Every week for past 2 months I’ve been calling still no returns on clothing. I complained that there was no sign about no clothing returns and now they placed a sign recently. I’m very frustrated with this nonsense return policy
I purchased items in March and April and they still are not taking things back if you live in California and don’t know when they will. I would like to join the class action suit. Walmart has gotten an interest free loan from us, which must be in the millions because they have our money and we can’t do anything about it.