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.
Honda, Hyundai, Kia, Subaru vehicle data collection class action lawsuit investigation
May 17, 2024 | Legal News
857 thoughts onWalmart Class Action Lawsuit: COVID-19 Return Policy Unfair
Add me please
I bought some pants for work and they didnt fit and went to return them and was told they are not accepting returns. Just keep my receipt and later down the road they will be accepting returns.
I made purchase of children’s clothing and toddler potty chair and when I tried to return the items nothing worn tags on and sealed box that potty seat was in I was told no returns and they didn’t know if and or when they might allow it
I made a purchase and had my receipt in April. When i went to return i was told that Walmart wasn’t taking any returns until further notice. I replied where is the policy posted. Cashier at he return desk stated she was just doing what she was told. When return was made in late July i was given mark down price with receipt. Don’t have receipt now ,but my purchase was a pair of linen pants and linen jacket.
I had the receipt and Walmart refused to take item back because of Covid 19
I got my son a TV for his birthday he opened it up and it was broken shattered so I had to wait for someone to be able to give me a ride because I am a single disabled mother of two children with no vehicle the TV was bought on 10/01/2020. Me and my two children and my ride make it to Walmart I stood in line for an hour then and told to go find an exchanged TV if they have one and trust me I know I waited two weeks pain every time I went to the store to try to find the one that I got. I was led to believe that everything checked out they checked the receipt they check the SKU number so my son got excited because we were on our way back with the exchange TV he was finally going to have a TV for his PlayStation. Only to be told that I was a day late it was the second it was less than 24 hours after the time that I bought the TV but because the physical date was the second oh it would not let them put it through the computer and she didn’t even try which the 1st fell on a Sunday the second was a Monday I could finally get a ride got all worked up got my autistic her patients son excited only to walk back out of the store with a broken TV that was Walmart fault and told to get ahold of the TV manufacturer and see if we can get it replaced that way because I don’t have a car I was a couple hours off of 24 hours after the time I bought the TV 30 days prior even though I know unless you read the fine itty bitty teeny tiny print that’s on their counter anyone would think you have 80 to 90 days from the date of buying it well evidently even with the receipt no you have exactly 30 days and if you’re poor in disabled depending on everyone else to get you where you need to go well then you’re just out $300 it should be women allowed for them to do things like this during these times we have our children at home my children do not have a TV at all I have fought and saved to be able to get them a TV just be given our hopes 4 less than 24 hours denied literally had me bawling because the woman had me and my children go all the way back to the very back of the store locate ATV come all the way back to the front just to be told we wasted our time..
Wow 30 days is generous most of our stores only accept any electronics for 14 days .if it takes you 31 days to get a ride to walmart after u know the tv is broken ,you truly werent that worried about exchanging that tv.i know if i buy something an its broke ill find a ride or get an uber to exchange it right away within the next few days .or get my money back .how u gonna wait a month to try an return a shattered tv an then cry about it that you bullshitted to long to return it .you gotta get your priorities straight .God i swear this worlds full of retards .
You’re just rude, why are you on here?
I even had the receipt and they would not put it on my debit card because the receipt was old???
I had to get a store credit instead of cash!!!
Count me in. It’s ridiculous that IL is the only state STILL not accepting returns. Wasting my time and gas driving to the store to find out if restrictions were lifted, because they don’t bother to answer their phone.
I live in mo and not to long ago I went to cash my check n due to my driver’s license being expired they said they won’t cash it so I went to return a toy I paid for 4 days prier to this and the lady from the money center came down to customer service so by time I got to the counter they said they couldn’t return it with out a Id that was up to date bt three weeks before all this my husband got his tax check of 3000 and had an expired Tennessee Id and they let him cash it and he still even returns things for him anyways I went bk after I got my Id taken care of two days later and they said they couldn’t return it due to u only have 72 hrs to return bc of COVID-19 and the toy couldn’t be opened
I tried to return some lights and they wouldn’t take them back.
COUNT ME IN! It pains me for their frontline employees who have to deal with frustrated customers… now and again later, long lines of ’em, increasingly frustrated, with their stacks of receipts and out-of-season goods. What will happen to that stuff anyway? Trash? Had returns been allowed in a timely manner, some profit and use may have been had on those shorts and sandals. Sad, especially now with so many forced – furloughed, fired, laid off – into need. And how’s that social distancing gonna work when they open those flood gates? MONTHS (7 or 8??) of pending returns CRASHING, angry and heavy-breathed, at Customer Service. Good luck sanitizing that congestion. If they lift the ban as soon as tomorrow, the 90 day extension may have their teams caught up just in time for the hit of holiday returns. Wee! 2021 ain’t lookin’ up for Walmart CS. Job security, I guess. …if they’re not out sick with the covid. Bless them.