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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.
Join a Free Coronavirus Class Action Lawsuit Investigation
If you believe your rights were violated in a way that is directly related to the coronavirus pandemic, you may qualify to join this coronavirus class action lawsuit investigation.
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857 thoughts onWalmart Class Action Lawsuit: COVID-19 Return Policy Unfair
I bought a Waterpik dental water flosser at a Walmart in California on July 29, 2020. I charged it overnight as per the instructions and the product was defective and did not work properly. I went back to Walmart the following day and was told I could not return it due to the COVID-19 return policy. There was NO sign on the locked cabinet regarding the no-return policy. Had there been one posted there, I would not have purchased it at all. I would like my money back – COUNT ME IN!
I had bought a couple shirts back in May because I couldn’t try them on. Two items didn’t fit so I tried to return them and was told at the customer service desk they weren’t accepting returns due to the state telling them they couldn’t accept returns! But for me to hold on to my items and I can return once the pandemic is over! I’ve been keeping track of their return policy since May. I decided to look up their return policy on July 31st and saw that they were accepting returns in “most states”. It indicated that if i had a return to make with a receipt I could start a return on the Walmart App or walmart.com. So I decided to see if I started a return would it be accepted in my state. Once I went through the process my return was accepted and I was emailed a bar code with the total amount I will be getting back and I have until August 31st to return the items back to the store for a full refund. I went today August 1st to the store and I was told by customer service that I couldn’t return because my state wouldn’t allow it! I showed the the lady my email and she still said no! I asked for a manager and she said the same thing “the state won’t allow them to take returns”. I told her they are the only store I have encountered that isn’t accepting returns! I saw a small posting on their counter that said “IF YOU NEED TO RETURN ANY ITEM AND HAVE A RECEIPT, WE ASK THAT YOU START YOUR RETURN ON THE WALMART APP OR WALMART.COM. IT’S EASY AND MAY ALLOW YOU TO COMPLETELY SKIP THE STORE.” So I argued with her that I did start a return on my Walmart app and my email says to return my items to ANY Walmart store before August 31st for a full refund. She said the app shouldn’t have let me do that because they are not accepting returns on clothing but I can hold on to my stuff and they will give me 6 weeks to return once the pandemic is over. The manager told me I can call customer service on the 1-800 number and tell them I need shipping labels so I can do my return through them because nothing is being taken physically in the stores. I called the 1-800 number and got bounced around from customer service to the Walmart.com customer service back to Walmart store customer service just to end up speaking to a manager that still wouldn’t accept my return. I asked about the time limit I have on the items I started a return on my Walmart app. The manager said it’s not a big deal that they’ll make an exception when the time is right. This is absolutely unfair! They gave no warning about the policy changes. Cashiers should be warning customers that certain items can’t be returned. They need to give customers the chance to make that decision instead of taking our money! Walmart needs to take down or cover up their return policy posted on their wall because that is not the policy they are following!
I purchased Prevagen and Alleve at the Wal-Mart in Urbana IL. Never opened. Decided to return. Did not know I could not return until I tried to return. That was June 15 after I had read most Wal-Marts were accepting returns again. I just called again today, July 31. Still not accepting. I also had a top I bought before that early in the livk down that was too small when akI tried it on at home. Stuck with that, too. This is so wrong and so political.
I live in Central Florida and the same thing happened to me. I purchased an item for my daughter brought it home realized it was the wrong size and attempted to return it. As I was entering the store the greeter informed me they are not accepting returns. When I asked why he informed me that it’s posted. He proceeded to show me a piece of paper roughly 3×5 taped to the middle of a sign directly behind him with the new policy. When I went to customer service the lady advised that the new policy is posted. When I ask where these postings are she stated in the dressing rooms and right here. At that point that is when I asked her when does a customer ever check out in customer service and would be able to see their policy, and how do they expect people to know about the new policy if it’s taped in a dressing room that nobody has access to. I asked why the new policy wasn’t posted throughout the clothing department so that customers can see. She just told me to hold onto my receipt and when the pandemic is over Walmart May reinstate the return policy.
This is exactly what happened to me on July 25, 2020 in Lodi, CA. I tried to return the pants the following day with all tags still on the product. There was nothing posted that I could see. I was stopped at the front door and was confronted by the slightly rude employee sitting by front door that there will be No returns, No refunds and if I needed a bigger size, I could go head and purchase another pair (rudely). I told her that this wrong and they need to refund me my money. Her response was that there is nothing they can do, It’s from Corporate. So please sign me up!!
This is exactly what happened to me on July 25, 2020 in Lodi, CA. I tried to return the pants the following day with all tags still on the product. There was nothing posted that I could see. I was stopped at the front door and was confronted by the slightly rude employee sitting by front door that there will be No returns, No refunds and if I needed a bigger size, I could go head and purchase another pair (rudely). I told her that this wrong and they need to refund me my money. Her response was that there is nothing they can do, It’s from Corporate.
I live in Illinois and they r doing the same think they didn’t post it or nothing but I got cloths from them and went to take them back and now they say they can’t I have $40 in cloths they supposedly can’t take back
Purchased two pairs of mens shorts at the Walmart in Bluffton SC. My husband grab the wrong size for him so we proceed to return them a day or two later at the Walmart in Hardeeville SC. We were rudely informed that they are not accepting apparel returns until covid 19 is over. What? There are no signs and nothing on the receipt stating their return policy regarding covid and returns. They can’t take them in and quarantine them or have a sanitizing process, really? It’s not so much the price of the shorts it’s the principle of the matter. Walmart makes millions and we have to take the lose. As far as we are concerned Walmart can keep their cheap Chinese made crap I’ll go to target, it’s a cleaner store anyways. 7/29/2020
I live in New Jersey and the same thing has happened to me I tried to return laundry detergent that was mistakenly purchased and it was a $22 item I do have my receipt also too I purchased 3 shirts and a pair of capris there is no signage anywhere in the store that says all sales are final no returns no signage at all near clothing or fitting rooms so I went ahead and purchase the items when I got home the items did not fit the tags are still on so I went to return the items and they told me know where everything because of covid-19 they refused to take back my items there is a very small sign with a magnifying glass that’s needed at the customer service desk but not a sign or signage visible for anyone to see before they purchase which is deceiving Acts on Walmart’s behalf because Target Kohl’s and other major stores are returning items but I believe Walmart is using the covid-19 as an excuse to gain profit at our expense and to deceive customers into purchasing items without any guarantee of return there return policy for covid-19 apparel however now they added laundry detergent what does that have to do with covid-19 it’s a sealed bottle again Walmart is using covid-19 to profit for themselves and to deceive us as customers I want to join this lawsuit I am sitting here with approximately over $100 worth of items and I am not very happy with Walmart
Yes I bought a curling iron from Walmart. Got home and it was defected. It wouldn’t even turn on. I took it back the next day and was denied. I was pissed. Tried to take it back again on Monday and was still denied. I got pissed all over again bc they can open up the hair salon inside of Walmart but can’t accept returns smh
The exact same thing happened to me as the Plaintiff, Danielle Hubmer, almost word for word, except I purchased clothing in the Walmart in CA. on 7/22/2020 and tried to return the very next day and that is when I was told they will not be taking any apparel back until the Covid 19 is over. I could be dead by then. I still have to pay my credit card bill, so what’s up with that? They get to keep your money? Count me in, I want to be a part of this class action frustrating transaction.