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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
Same thing here in Kentucky I purchase things for a wedding to where they didn’t fit and cannot return them so I just made the day a little bit harder to get something somewhere else to where they got their money market and I get mine finally I was over hearing someone say that returns were open and rushed home to get stuff three months later I just kept it in my car for three months and the receipt and everything else What I couldn’t understand why did they only have one pair doors open at the other end of the store so we all gathered up at you scan we all gathered up the two restaurants that they had open and got checked out what the crap was that.I only set foot in Walmart if I have to desperately have to other than that I go to go to Kroger
I too had purchased many items from Walmart on several different occasions. Starting in late March and not going to return those items when I went in the second time and purchased other clothing items I’ll switch the timeframe there was never anything posted saying you could not return clothes I’m not one to really try them on there however there was nothing posted in the clothing area. So I ended up purchasing items going to bring them all back at the same time and was told that I could return them I have since been in there at least six different times trying to find out when I could return them and nobody has an answer for that question. However during one of many failed attempts to return items the one customer service employee did tell me that because I had purchased the first items at the end of March that those items could NOT be returned period, because it had been more than 90 days!” Wasting gas driving to the Wal-Mart only to be told no, Needless to say I’m very frustrated. I need that $ like everyone else (EXCEPT WAL-MART of course cause they still have all of ours).
Please add me to list as I am still unable to return items to store
I live in Illinois, and like most of the others in this comment thread, I too purchased multiple clothing items in late May and early June, when dressing rooms were closed. There was zero signage in the clothing area stating that items would not be accepted for return. I have attempted to return these items twice, only to be told that Walmart is still not accepting clothing returns at this time. When I started the returns on the app, it instructs me to bring them to the store… when I bring them to the store I’m told that they cannot be returned. These items are over $100 in combined value. I am interested in possibly joining this law suit.
I’m in Illinois and this is now the ONLY state where Walmart isn’t allowing returns for soft goods. I’ve had items sitting in my closet for months and keep checking the store and they keep telling me to contact corporate and all corporate says is to contact the store. They’ve even re-opened the dressing rooms weeks ago so I do not understand the difference of purchasing clothes/shoes that someone has already tried on vs. those that have been returned. Also, why isn’t Walmart taking any responsibility to maybe just quarantine the returns of soft goods for 2 weeks before just putting them back on the store floor? I just see this as an easy out thinking most people just won’t return the items.
Bought clothes for kids. Was told I could return if needed and COULD NOT!!! LAIRS!
ADD ME!!!!
I bought some clothing Items for a gift and ASKED AN ASSOCIATE, if they dont fit can I bring them back and she replied YES!!! So I did, they didnt fit and NOPE they wouldnt take them back. Return window passed, I lost my money!!!! I am BEYOND PISSED!!!!!!
ADD ME!!!!!!!
I purchased nearly $200 worth of clothing in the span of about two weeks and I was not able to try the clothes on in the store, and was actually told by one of the employees that “since they were not allowing the fitting rooms to be open that you could rely on their return policy & take the clothes home, try them on and if they didn’t fit simply return them with your receipt and tags attached.” So that was what I did, Only to be informed upon return when the items did not fit that due to coronavirus the store was no longer accepting apparel returns (yet they are now in other stars just not California??? What sense does that make?!) The clerk told me to hang onto my receipt and the clothes and that within a month or so Regular return policy will go back into affect, and they will be sure to honor their return policy by extending the window in which you can make a return. But if they are capable of changing their policy without notifying customers who is to say they aren’t lying about the extension for returns? Now I made the purchase back in May or June and still there’s no word of them making any changes to their temporary ban on returns. I feel I was not just misinformed, but straight up lied to and conned, and feel unappreciated as a regular customer who has spent thousands + at Walmart. This trickery and deceptive policy change leads me to never want to shop at Walmart again. Is saving $20 on a shirt by not honoring the return worth losing thousands in sales because a once loyal customer refuses to do business here ever again ? I think not, sign me up for the lawsuit !!!
Same story here. Bought some sports bras that are too small. They will not let me return them. I don’t understand why not. They sure did take my money (which isn’t sterile) when I paid for them. They are a huge corporation that can write off the loss but I need my refund. I too live in Illinois. So when will illinois be accepting returns. I started the online process but didn’t bother to take them to the store yet since I haven’t heard if they’ve dropped that ridiculous covid no return policy. I live 10 miles away. 30 miles round trip just to be told no is a lot of wasted gas.
I’m sending G’ma’s 5 t-shirts @ $8.48 a pop (purchased on 4/19/20) to:
DOUG MCMILLAN, CEO
c/o WALMART
702 SW 8th Street
BENTONVILLE, AR. 72716
Last attempt; then closing my account and going to TARGET.