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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
add me in
I have had so many issues returning Items at Walmart. lots of clothing. Every Walmart around had closed dressing rooms. I was told that I could hold on to product with receipt and return it when it was lifted But by then they refused to return any of the items.
Walmart did not post any information regarding the Covid-19 return policy letting customers know about the changes.
I purchased apparel, beauty and health merchandise at Illinois Walmart stores.
The dressing room at the stores were closed when I shopped so I was not able to try on any of the clothing items.
I am in Illinois and this is the ONLY STATE where Walmart isn’t allowing returns for the above mentioned items. Corporate has no clue as to when I can return these items. I have been holding on to the above mentioned items for months. When can I return them??????
I second this! My story is the same. I live in Illinois as well and am still holding onto apparel and health and beauty products plus their receipts to return. It has been months. Yet they will take back pillows and bedding and bath but not apparel that has not been worn still with tags. Corporate is no help either. I have over $100 in returns.
I am also in Illinois with many returns stacking up. What’s worse is when they do FINALLY allow us to get our rightful money back (returns) the lines are going to be ridiculous and people are going to be returning multiple items.
PLEASE ADD ME –They are not the only ones who did this. I know for a fact that Belk did also, probably many others. I still have items that need to be returned to several stores and they are saying they can’t accept them because they are damaged. They were like that when I bought them!
I lost out on hundreds of dollars still have items laying around I. My house unopened because I was unable to return to Walmart. Didn’t have no signs that u can’t return and wasn’t warned by employees now I’m lost out on who knows how much money. Especially when trying to buy new shoes and clothes for the kids and ends up being to small
I ordered apparel online at Walmart.com right before the pandemic hit and everything was shut down. I started my returns online for several items. I went to local Walmarts every month for the past 7 months trying to return my items but apparel was not being accepted in California. Now, finally, they are accepting apparel returns so I went today. The store said they can’t process them and I have to talk to Walmart.com. I just did a chat with Walmart.com (and saved it for documentation) where I was told (1) I did everything right but (2) it was too late to refund my money. I even asked for a gift card to cover what was due for the returns but they refused even though I said I would still drop off/send back the items. I was told to contact my bank and dispute the charges. I just tried doing that but the window for has now closed. So now I am out $80. I am furious. I absolutely want to be included in any Class Action.
I purchased clothing items from an Illinois Walmart in April and still have been refused when attempting to return the items. It has now been six months that I am out the cash I spent.
(Replying to to original comment)
Additionally, there was no signage anywhere in the store reflecting the change in Walmart’s return policy. Even when I tried to return the clothing, I went to that department and could find no signage whatsoever!
I went to Walmart today and bought a brush hair dryer for Granddaughter…she had one, so I tried to return it this afternoon to 2 different Walmart’s and they wouldn’t take it back, due to covid restrictions. It hasn’t been opened…so I’m stuck with this??
I want to join the Lawsuit. Like everyone else on here I have clothing to be returned that I have receipts for. I have been told to go on line and have tried multiple time but it does not work. Any help would be apprciated.
I purchased clothing items at a Walmart in Central Illinois in April 2020, dressing room area had no signs or notice of inability to try on clothes. There just wasn’t an employee of Walmart at the dressing room area to unlock the doors, so I wasn’t able to try anything on. Nothing was said to me while purchasing the apparel until I tried to return it a few days later which is when I was then informed of their so called no return policy. Interestingly though, I went back to this Walmart on September 16, 2020 & they let me return a shiatsu deep tissue massage item that you place across your shoulders or back with inserts for your hands to secure it for better results & let me return a hair accessory that consists of two combs that you must interlock to hold your hair in an up do style. When I was returning these 2 items the customer service employee asked me if they had been used, & I said yes I tried them but wasn’t able to use them (she even laughed & said she could never get those up do combs to work in her hair either). I asked her if they were finally taking clothing returns & she said yes they just started to on that same day. So I went back on September 18, 2020 to return all the clothing items that still had tags on them along with receipt only to be informed that they weren’t accepting these items for return now, however they did on September 16th & 17th only to find out that they weren’t actually supposed to & it was a miscommunication that occurred! This is Walmart trying to keep the consumers money in their pocket with hopes that most won’t end up returning these items by the time they lift their bogus unannounced return policy! They need to be held accountable for their actions with a class action lawsuit in Illinois! Just taking advantage of the people in Illinois because they know our politicians will protect them as they sure haven’t done anything but destroy the middle class!