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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
Please add me in as well
Please add me to the class action against Walmart as well. I am sitting on about $400.00 in return merchandise. We were told to go online start return and it would tell us where to return merchandise. Got all done after over an hour logging returns. It said take merchandise to any Walmart and obtain refund. Packed everything up and took it down to Walmart. Still wouldn’t accept the returns in California
Yes add me to I went to the Wal-Mart in Henderson NV.in April 2020 purchased clothes for my grandkids there to little I can not return them because of covid 19.
This policy has nothing to do with Covid 19, it is another manipulation to take in profits. They along with Costco, Target, and Amazon have seized the markets while independent competition has been virtually eliminated by shutdowns. Now they restrict purchase returns. Stuff I bought in early June?
It seems ridiculous. Sam’s Club(same corporation) is accepting returns on apparel in Illinois but none of the Walmart’s. What’s up with this? I have over $150 worth of spring clothing to return and I don’t want store credit! I want my $$$ back. What makes my state different? Can I drive to an Indiana Walmart to return them?
We had the same issue with the Walmart in Chula Vista, CA from May 14th. I am in a wheelchair and my companion is blind. He was not allowed to try clothes on at the store. I saw no signs, there were no announcements through the PA system for the visually impaired or blind, we were not told verbally by any checkout staff, there was nothing on the receipt or no return policy. We purchased items and went home. Companion tried on some apparel and some fit and some did not. He returned a couple days later to ‘exchange’ them and was stopped at the store entrance and staff would not allow a blind person to enter the store with a bag of clothing the exchange. He had to come home and to this day August 26th, we still are not allowed to exchange or now return clothing since we came back to store and purchased the correct fitting items. So, this is now over 90 days at the time of this notice.
Please add me. I live in Illinois and I purchased clothing items in late May and Early June for myself and my daughter and when I went back to return some of the items they would not let me return them. I have almost $200 worth of clothing items that I can’t take back to the store. Walmart Corporate suggested that I mail them in and receive a store credit but I paid with cash and I need the cash back. Illinois and California are the only states remaining on the list. Why aren’t all of the states on the same list?? I don’t understand this. Please add me and if you need more information please email me. Thank You!
Please add me too. I’ve had a bag with receipt ready and still no return! The dressing rooms are closed off! I was NEVER TOLD when I PURCHASED that due to “covid 19” they wouldn’t honor a return. I’m livid, so I’m still stuck with 2 items I can’t return.
Absurd policy. They are ripping me off as well. I’ve had the same clothes in a bag for 3 months now waiting to return. I can assure Walmart, there is no virus that can live in a bag for 3 months. Who’s running this company?
Yes I am in the same position as you are. We are in Illinois thinking of driving to Indiana to do a return. Feel like this return bag is part of my weekly trip to Walmart.
Wow! I am another angry customer with WALMART. I have been trying to return a shirt I bought 2 months ago. Like the other people said, There were no signs saying we will not be able to return clothes. I never shop there much anyway. I bought a shirt for a potential job and then didn’t need it. Since I am still not working I wanted any money back I could.. All the other stores near them are fine taking back clothes. Target, Kohls, Meijer all have no problem with returns.
When I did the Start Your Return online and then bring it to the store and they gave me a code to show them I headed over there once again, Only to have them say OUR STORE NEVER WILL TAKE CLOTHES BACK IN NAPERVILLE, IL They wouldn’t even look at the paper I got that morning about my return with the code and showing my refund amount. DON’T SHOP AT WALMART!! I NEVER WILL THEY ARE RUDE AND YOU ARE TOTALLY MISINFORMED
Add me in as well. Employees need to ow tge poli cfc y i have been mis informed a number of times .