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
I am very frustrated with Wal-Mart. I purchased 2 crll phones that i can use an cant get my money back 178.98 is alot for them to keep from me. An i got some clothing an was unable to try the items on in the store due to Covid 19. They had signs posted that the dressing rooms were closed, but NO signs whatsoever saying anything about unable to return. I purchased the clothes on may28, 2020 and went to return them 2 days later because they didn’t fit. I waited in the return line and when I got to the counter the clerk told me I was unable to return any clothing items at this time. I asked her where does it say I can’t return apparel, the lady then points to a hand written paper taped to the wall behind the cashier. I told her no one can see that, and it isn’t posted anywhere in the store or on the doors or anywhere for customers to see. She just said she was sorry, but she can’t do the return. I tried again twice in june an July and was still told I was unable to return apparel. I needed my money back and they have my money tied up because I can’t return something that didn’t fit and I don’t want. I feel mislead because Wal-Mart didn’t notify or post anything to let their customers know that the return policy had changed because of Covid 19. When purchasing the apparel at the time I believed that I could return the items with Walmart’s regular return policy. I was truly tricked and mislead.this was in shelby North Carolina
How to join the walmart corona virus no clothing returns lawsuit ?
I tryed to return some clothe i got in may an 2 phones an could not was told they was not takeing returns now so i was stuck with stuff that didnt fit an phones i could not use
I am very frustrated with Wal-Mart. I purchased some clothing for my daughter who was unable to try the items on in the store due to Covid 19. They had signs posted that the dressing rooms were closed, but NO signs whatsoever saying anything about unable to return. I purchased the clothes on June 28, 2020 and went to return them 2 days later because they didn’t fit. I waited in the return line and when I got to the counter the clerk told me I was unable to return any clothing items at this time. I asked her where does it say I can’t return apparel, the lady then points to a hand written paper taped to the wall behind the cashier. I told her no one can see that, and it isn’t posted anywhere in the store or on the doors or anywhere for customers to see. She just said she was sorry, but she can’t do the return. I tried again twice in July and was still told I unable to return apparel. I needed my money back and they have my money tied up because I can’t return something that didn’t fit and I don’t want. I feel mislead because Wal-Mart didn’t notify or post anything to let their customers know that the return policy had changed because of Covid 19. When purchasing the apparel at the time I believed that I could return the items with Walmart’s regular return policy. I was truly tricked and mislead.
I purchased wrangler jeans on walmart.com on April 28,2020 . The jeans did not fit but clothing returns were not be accepted at the time. Then we were told the covid -19 return policy had been extended to Sept 15. On Sept 15 I tried returning the jeans with online receipt, tags intact and was refused. I was told to contact walmart.com and they also told me I could not return them. I can’t wear the jeans and would like a refund. Please add me to this class action lawsuit
Same experience as most, ive had clothing sitting in my car forever now that i need to return. Ive been denied 2 times. The first time they said no due to covid and only returned a mini lamp shade i had. The second time i started the clothing returns on the walmart app and it said to take the clothing into a walmart store to finish processing the return and i got turned away again. When i asked why the app told me i could come in and return the items she said she didnt know why. All other stores that ive needed to return clothing to has accepted my stuff. I also needed the money really bad for gas the first time i tried to return the items. So i had to go scrape up change at home which took up more gas and go drive to coin star and to get gas . not fair
Please add me. Purchased in-store in July with no signs stating no returns or exchanges. I was told to go on the website to start the return and that didn’t work. I called the store for days and finally got ahold of someone who said I needed to make the return through the app. That didn’t work either. Called Customer Service and found out CA stores are not honoring returns with tags on and receipt. Really frustrating. A lot of runaround and no help to their customers.
Please ad me, i bought clothing for my great niece who turned 3 but they where to small. I took them back as a return with my receipt and with no signs up i was informed that walmart would not accept returns at this time. I ask how long this unannouced policy would be in effect and the clerk did not know,
Add me, too. I’m sitting on over $80 in returns for the same reason. Started the return online and tried to take them back to the store as directed in the email, only to be told they’re not accepting returns in CA. People are struggling right now, and they’re holding our money hostage. They as a company could just write the loss off and give people their refunds, but the general public is not so fortunate.
I purchased vacation clothing for an upcoming trip and was unable to try them on, on Saturday, September 5th. I had originally gone to the Walmart store in Plainfield, Illinois to purchase something that was listed in stock on their website. Upon arriving they didn’t have the item in stock or anything close to what they said was in stock. I was misled about what was in stock, so I purchased other clothing items so I could move on to the next phase of vacation planning. Sadly since I couldn’t try them on, they did not fit. I attempted to return the items purchased 2 days later on September 7th at the Walmart in Shorewood, Illinois. Honestly I was shocked when I was told by the service desk employee they were the “last of the Mohicans” and she can’t understand why they won’t take returns. I asked her…so let me get this straight, now I have to pay credit card interest on a return you are refusing to take back”, she said yes. Thank God I used a credit card instead of cash or a debit card needed for my trip. They are taking the money I contractually gave them, USING IT and refusing to return it to me. I had the receipt and all tags are intact on the clothing. They are accepting returns in both Florida and South Dakota, two of the biggest COVID hotspots, but not Illinois. Corporate greed makes me so angry.
I would like to be considered for this class action suit too! I have mulitiple items to return because they do not fit and the fitting rooms are closed so you can’t try on anything, by the time they open up the ability to return anything my reciept will be completely blank like most of them are! I have had it with the attitudes the people that work for Walmart have, I feel like I’m a criminal whenever I have to return anything and have to enteract with customer service. I have emailed the ceo of Walmart before about how every store has its own return policy but Walmart is all connected and supposedly have the same policy which is totally bs. Or how about if you return something and paid with a debit card so it says debit tend on your reciept which is just like cash, well you have to have the debit card to show them ha show me where it says that I’m the return policy! The reason for having to show them you have the card is because of people picking up the reciept and then returning whatever is the most exspensive item purchased on it and by doing so getting cash if lucky or gift card. Why Walmart has to lie about that being the true bs reason is beyond me. Who hasn’t had there debit card stolen or lost or for some reason just don’t have it anymore or in my case I went in on a Walmart purchase with my sister whom I gave her cash for the items I got and she used her debit card to pay for everything only to have her card stolen the same day so when I went to return two things that I got that were clothing pre Covid that didn’t fit after having gone to three Walmart’s in Orange County California and been treated like a criminal or spoken to like I was nothing by someone that can’t read the return policy let alone understand it and having a panic attack I contacted Doug McMillan and was then contacted by the store managers where I had the problems. Long story short I was able to return my items and found out that every Walmart has there own return policy’s and can treat us like they want.