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
Purchased several items have been trying to return them with no success in Manteca California would really appreciate a refund cannot use items they do not fit I do not recall seeing any signs or anyone even cashier explaining these items cannot be returned at this time when I purchased them was not told of a new policy at all when I purchased items would like to be included in class action lawsuit against Walmart’s unfairness of return policy
Please add me too. Every other state besides California and Illinois can return items. I didn’t see any signs saying no returns on clothing. I’ve been trying to since August 29th to exchange clothing.
I am not happy and have ran into a brick wall with a solution. I purchased clothing for school for my child this morning. Unfortunately the shirts are too small. So a few hours later I tried to exchange them in the store. Only to be told sorry we aren’t accepting returns. I was given the 1800 number to call walmart.com. After being transferred 2 times and on hold am additional 25 minutes I was given the run around again. I’m sorry we can’t help you and don’t know why the store would tell you to contact us. I was told your just going to have to keep the clothes and wait for returns to open up. Who knows when that will be? So in the mean time I’m unable to purchase more clothing cause my credit card already has charges. If I purchase more clothing and have a higher balance on my card then it effects my credit score. Now my kid doesn’t have the clothes needed for school. I want a solution not the run around that I was given.
Then again today 9/5/20
I again emailed Walmart tried a love chat. Still no solution
Please add me I was at the tulare Walmart on September 2nd for return some pants that were to small for my son that was just bought a few hours ago all pants had the tags still on the pants and were still even neatly folded and I had my receipt. The costumer service agent was very rude about not giving me a refund or even exchanging for the right size. They have absolutely no signs posted saying that they are not taking returns even though their return desk is open.
The Walmart where I shop has now banned anyone from using their Dressing Rooms to try on clothing … With that said; I’m really upset that they are also Not allowing anyone to return and/or exchange clothing items.
How can you Really Know if clothing fits or not … Take a Chance & just Throw Away Your Money because Wal-Mart will NOT Accept any InStore Returns .. Refunds Nor Exchanges ?
Even Though their website actually had me start a return for two articles of clothing; with tags still attached, (using my paper receipt) online and instructed me to go to “ANY
WALMART STORE” and hand it to an employee at their Customer Service Center and I would receive a refund…
They even issued me a BarCode for them to Scan. ?
But when I got to the store they told me No; they are Not accepting Returns at All ?? And the Return is Still Pending Online !!!
This just happens to me Yesterday. ?
Please Add me to this suit.
Thank You ?
Have tried weekly with a phone call to ask them about their ridiculous return policy on clothing. I have five items with tags and the receipts and they are still not allowing returns. Every other clothing store is doing returns, so their logic is absurd. There were never any notices posted. I bought the items in early May. They are making a lot of shoppers very angry and they will remain dissatisfied.
Please add me to the suit. I purchased a bra for $ 15 from the Oceanside California store on May 30th and have called weekly to find out if it can be returned and when. It is ridiculous, there are only a handful of items that you cant return and clothing is one of them. But you can return sheets and towels? This is total BS. When I called Walmart Corporate, the representative told me that you can return anything you want to any store in 48 states, the only 2 states that are not following the Walmart policy are California and Illinois? This is totally ridiculous. Please add my name to your list – I know its only $ 15 but that’s not the point …Why does Walmart always get preferential treatment over other business…..Its mind boggling…. Very frustrated at this point!
The Walmart where I shop has now banned anyone from using their Dressing Rooms to try on clothing … With that said; I’m really upset that they are also Not allowing anyone to return and/or exchange clothing items.
This just happens to me today. ?
Please Add me to this suit. Thank You ?
please add me as well to the class action lawsuit against walmart in california. i bought a wedding ring set on may 15, 2020. i have tried returning this item several times and have not been able too. Jewelry is not on their list of items not accepted for refunds and they still refuse to refund my money. i last tried returning them on August 26, 2020. While other walmarts around me are accepting returns of jewelry the one i purchased the rings from are not. I was told by another walmart that was going to do the refund they couldnt fo it because jewelry has to be returned to the store where it was purchased. My engagement and wedding were called off and these rings are a painful reminder of what is lost.
Please add me as well. I was never told nor did I see any signs of the new return policy before making my Walmart purchase in riverside, ca back in April of $90. I have tried over 5 times to return the items which I never opened at all. Employees and Walmart website even states if you did a in store purchase that you can start your return process online and so I did but again was denied after doing exactly what Walmart said to do on there website.
Add me in too. I purchased pants. Due to Walmart not allowing you to try on clothing, I purchased 3 pairs of pants to see if they fit right. None fit me correctly. I went back two days later to return them, and I was told they will not honor their return policy due to a change in corporate policy. I asked them why I was not informed of this by staff at the point of sale. They directed me to a printed 8″x11″ hand made sign below eye level. Above, they still have their 4’x5′ sign up with their 90 day return policy. I called them out on having two posted conflicting policy, one of which you wouldn’t see unless you were directed to look down. This sudden change without wide spread direction to customers represents a breech of contract, and violates consumer protection laws in California. They are holding people’s money interest free. This cannot stand.
I also purchase some exercise clothes and a curling iron in February still have the receipts would not let me return them the clothes did not fit and the curling iron never worked I tried to exchange them or get a refund not even a week later and they refused