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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
My walmart in palm springs, ca refused to take back an energizer headlamp because it was not distributed by walmart directly and it contained both a rechargable battery with charging cable as well as 3 AAA enegizer batteries which could also, alternatively be used. Due to the item containing batteries and because it was a third party item, despite my being well within the 90 day return period and within 30 days of purchase, as well as presenting my receipt the manager at cuztimdr service refused the return. I inquired as to whether or not that location accepted the return of other items, such as the mountain of toys that had been returned behind her which were distributed by Mattel, Hasbro, etc (basically anything other that being distributed by Walmart) and which very obviously contained batteries. To this she refused to answer only restating that they could not return the headlamp because it contained batteries in its packaging. I pressed as to items known to contain batteries from other departments within the store. She again deflected only to respect her statement. I informed her that such a policy was not stated anywhere in store or on Walmart.com and she told me it was a new policy ending her conversation with me and calling the next person in line up to her return counter basically pushing me aside. Almost lost my business, not like they need it or care. However, their nearly monopolizing the all inclusive retail market and being one of the only main retail locations in many areas, not having to go to Walmart for something or another gets increasingly difficult as time goes on. Infuriating.
Pretty much the same as all the others..purchased clothing, couldn’t try it on, went home tried it on. They wouldn’t accept it back, then when they started refunding again it was past 90 days!!
I purchased an online nutrition box and discovered I could not eat do to ingredients. I attempted to return witching 90 day return time and was told Walmart was not accepting returns due to Corona virus but I would be able to return once restrictions were lifted. I am now being told I’m outside of the 90 day return window.
Purchased AirPods in December, then purchased 2 white gowns – all online orders. When went to return was told at the store they were not taking returns. Now that the stores are accepting returns, I’m getting the “out of the 90 day policy” return date. All items are in original packaging.
I purchased a walmart sims kit at oroville walmart . I took the kit home activated the sims card, but when I tried to load the 55$ service pin onto my sims I could not so I called straight Talk they told me to take item back to the store
I purchased it from and have them replace the service pin because it was faulty. Upon taking it back to oroville walmart I was meet with rude employees when I asked if maybe someone could please
help me fix the issue I was told be a employee “here is what I can do for you I can charge you again ” I could not believe what came out of his mouth . I stayed calm and walked to the front of the store to customer service and the same employee was raced behind me and when in line at customer service that employee got behind a registered and said I can help you. I asked to speak with a manager they got another employee and she pulled out a book and began looking through it at that time another employee who know nothing about what is going on said ” what is it a sims kit we don’t return those . I have never been upset at a store in my life the way the handle it is desusting .
I also had this happen. I brought my items to return, some of which were grocery store items that Walmart had substituted incorrectly. I was told I couldn’t return them at that time. A few months later I came back To try again and I was told I was too late, that the window of opportunity jad closed. Probably $50-75 worth of items. Incredibly frustrating
I purchased the size according to the size chart on the website. For some of the items, I ended up exchanging. I was not able to try on in-store and this is the first time I have had to exchange items, but it is really hard to judge sizes of clothing. I tried to order my groceries only to find out that my whole Walmart account has been deactivated, due to too many returns. I have now spent a couple of hours trying to speak to a person on how to get my account reactivated. I have purchased the Walmart + for free delivery, and now I am not able to use it to get groceries.
I purchase the majority of items consumed from Walmart. The returns were denied without any notice given at the time of purchase. Several returns were denied.
Phrase add me to investigation. I’ve had more then a few purchased from Wal-Mart. Vacuum, clothes, ECT. Refused my return and i was still in the open windows. Made me call a customer service phone number to get a copy of store reciet because the system could not read it…
I purchased two car seats worth $800! I tried to return them the next day and wasn’t allowed to. They plastered signs all over the store and they weren’t up the day I bought them. Absolutely ridiculous and I’ve been waiting for this because how can you not change your rules after so long?