Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
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.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
857 thoughts onWalmart Class Action Lawsuit: COVID-19 Return Policy Unfair
Add me in.
Add me as well
Same thing here in Arkansas…I purchased clothing and shoes 4/17/20-5/20/20. The first receipt, 4/17/20, I was denied a return 4/31/20. I’ve tried 5 times now. I have contacted corporate about my big clothing purchase 4/17, and told them not only was I told that corporate wouldn’t even allow that purchase to returned at all, due to the date!!! She also told me to sweet talk our local store manager when the pause is lifted, maybe I could get store credit?? So, there’s another lawsuit- Walmart did will not honor clothing return on anything prior to 4/20/20!!! Outrageous!! Our dressing rooms were also closed…and all these trips I’ve been making, because I really need my money back, I’ve had to do handicapped with back and knee issues, very painful.
I am SOOOOO glad someone is doing something about this!! I have over $100 of returns. That may not seem like alot, but that’s my groceries for a month, during a pandemic!!
Ordered some pj pants on June 7,2020 I had to drive 30 min to the next WalMart, out of my town, for the pick up on June 14,2020. Right at Customer Service I opened up my package & saw that I received a size 3X instead of the size Small that I DID order. No other customer stepped up. I went back to the line, showed the woman my phone order & then the size I received. She said “no clothes returns”. I was confused. I looked around & didn’t see a sign posted. I asked her “where is this new policy posted? I don’t see a sign”. She pointed down & said “it’s on that paper down below the desk”. I backed up & there, on a small white piece of paper, was a HANDWRITTEN note regarding returns. I did a chat in July to try & return and got no definitive date to return. I was only told that WalMart is extending retuns to September. But what date?!! It’s August 8th today. I want my refund. Mind you, I’m in AZ. But I wanted to share my states experience.
This is why corporations fail. The customer is always number one, but not with Walmart. If you give them something they should be able accept it back. I hope they get their asses taken to the cleaner. I’m no longer a shopper there. Is rather go without.
I went online did a chat session with customer service asked repeatedly if I could return items at Walmart I asked in California they said yes asked in county of Riverside they said yes asked could they check one more time 2 mins later got a answer (Walmart customer service said they where 100 percent sure I could do my return in California in Riverside county no problem) I asked can u guarantee that she said Yes I can assure u that Walmart will take take back items with recite no problem and if there are talk to mgr so I took screen shots of the chats than drove 50 miles in the heat to corona CA and was denied I showed them the chat and asked for mgr they told me customer service doesn’t know what they are talking about and to check website than I showed them where I repeatedly asked was she sure and could she check the website and plain as day it was all there
I have a huge problem with the way Walmart is handling this cauvet non return now return policy. If I buy something in January and I have 90 days to return it that takes us into April. They stopped taking returns in March that is not my fault. So if I return something from January or February or March I keep having to explain it to the customer service reps that they have to take it back because it was not my choice that they stopped takeing merch back when I still could have returned them.
So for Walmart to pick an April 20th date for returns is totally Wrong because that doesn’t even make sense. Even yesterday I was told that they stopped taking returns from the cauvet virus when they’re supposed to take it back till September. Very frustrating that all walmarts do not teach their customer service reps the proper information everybody does their own thing or whatever they feel like doing.
why are they only restricting California, Illinois, South Carolina, Arkansas?
Purchased some clothes at the end of May in an Illinois Walmart. They still won’t let me return them.
I tried to return clothed today that does not fit and was told that I could not return it due to Covid. What? The dressing rooms aren’t open to try think on and we can’t return things. Seems crazy to me.
I purchased some pants for work at walmart and did not notice any sign nor was I told I could not return them due to covid. I tried to return the to small pants but was told “due to covid etc. … ” It’s been a month now and the store manager has no idea when they will again take returns.
I went back to see the “sign” they have posted. It is very small and not noticeable at all!.
They should tell you when you make the purchases their policy has changed.
Bought some clothes online from Walmart in March when everything was closed. No mention of returns not allowed even though we can’t shop or try anything on. Tried to return to the store in June once stores reopened…Apparel not allowed. Called my store in July and asked if clothes could be returned yet-was told “YES”. Went to the store, again denied return. This wastes people’s time and money. Still waiting for California to allow me to return!!
I was wondering if anyone was going to sue yep same deal wont let me bring my stuff back walmart sux o you can bring back some things but not clothes hope they get what they deserve
We went in got 2 pairs of jeans fitting room was closed so could not try them on we went to return them the next day for different size stood in line for 23 mins to be told I could not return them as they had left the store there’s no notice anywhere in the store that says we could not return the items was told to hold on to the items and the paper work and in a few months I could return them then..and this is what the store manager said to me when I call the store and I even called the home office was told none of the stores were doing returns right now. Was very mad they got my 45 bucks and I got 2 pairs of useless pants..i want my money back.
Sorry it did print last name.