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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.
U.S. District Judge Jesus Bernal upheld two of six causes of action that plaintiffs alleged against Walmart, allowed plaintiffs to amend three other claims and dismissed another claim at the retailer’s request.
The judge’s order, filed Friday in the U.S. District Court for the Central District of California, allows a lawsuit filed by three California residents who purchased items at Walmart stores this spring to continue moving through the courts, in part, following Walmart’s attempt to get the case dismissed.
Lead plaintiff Danielle Hubmer filed the complaint against Walmart on behalf of herself and other potential Class Members, who the plaintiffs say could number in the hundreds of thousands. Two other named plaintiffs, Kelly Schwalback and Angela O’Brien, were later added to the complaint.
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, TCA previously reported.
The three women claim they each purchased items at different Walmart locations in Southern California during April, May and June 2020.
In Hubmer’s case, she purchased $151.99 worth of clothing and exercise equipment at a store in Temecula on April 25. At the time she was shopping, the dressing room at the store was closed, so she was not able to try on any of the clothing items she planned to purchase, according to the Walmart class action lawsuit.
Two days later, when she attempted to return her purchases, the store manager refused to accept the items for return, citing a new COVID-19 return policy, and told Hubmer they would never be eligible for refund, according to the complaint.
The Walmart return policy was not posted in the store, the lawsuit alleges.
Schwalbach and O’Brien each had similar experiences when attempting to return items they purchased in April and May.
According to the Walmart class action lawsuit, store managers refused to accept items they purchased for return, citing the new return policy that allegedly was not posted at the store locations they patronized, in Upland, San Jacinto and Murrieta. In O’Brien’s case, she was also allegedly told her items would never be eligible for return.
Walmart posted the temporary return policy on its website June 15, 2020, stating returns had been “paused” on “food, paper goods, home cleaning supplies, laundry soap, pharmacy, health & beauty and apparel items.” It also said it had reopened returns on some of these items in some states, and continued the “pause” on other items amid the COVID-19 pandemic.
Judge Bernal said the retailer’s argument as it attempted to dismiss the case is flawed in that the temporary Walmart return policy posted on its website “is not the same temporary return policy to which its store managers subjected plaintiffs.”
“Defendant claims that its online Temporary Return Policy ‘did not ban returns,’ but its store managers told plaintiffs that they would never be able to return their goods,” the judge wrote. “Defendant’s managers across multiple stores were clearly implementing a different policy than is posted on its website. Posting that policy would have clarified things for Plaintiffs — and for Defendant’s own employees.”
The complaint alleged six causes of action, including violation of California’s Consumers Legal Remedies Act, fraudulent and unfair business practices, as well as unlawful business practices in violation of the California Business and Professions Code, breach of contract, violation of a state law requiring “conspicuous display” of a retailer’s return and exchange policy and negligent misrepresentation.
The judge dismissed the first three claims but allowed plaintiffs to amend them to cure factual deficiencies and file an updated complaint by Nov. 25.
The judge tossed the sixth claim, negligent misrepresentation, agreeing with Walmart that it is barred by the economic loss doctrine.
The remaining two claims, about breach of contract and “conspicuous display,” will be considered as the case moves forward.
Have you tried to return items to Walmart during the pandemic? What was the result? Let us know in the comments.
The plaintiffs are represented by Mitch Kalcheim of Kalcheim Law Group PC.
The Walmart Return Policy COVID Class Action Lawsuit is Danielle Hubmer, et al. v. Walmart Inc., Case No. 5:20-cv-01369-JGB-KK, in the U.S. District Court for the Central District of California.
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675 thoughts onWalmart Must Face COVID-19 Return Policy Class Action Lawsuit
I purchased numerous articles of clothing at Walmart and was refused ability to return to them in 2020-2021
Add me please
I got stuck with a 1000 dollar broken/will not turn on PS5 store absolutely refused to return and to top it of drove an hour away to another store to find out the first store called every store around and told them to refuse me the return s member of asset protection actually asked me to leave and not to come back or I would be trespassed from all Walmarts
Add me I bought two pairs of earrings.with an Xtra two years warranty and when I tried to return they always had an excuse.or no one would help me at the jewelry department or coustomer service.i have two pairs of earrings that are faded so bad you can’t wear them.i never got to wear either pair .they garbage.and I lost over a hundred dollars.
I was at the Walmart in Fridley. I pick my daughter and I some jackets. I got a pair of stretch bell bottoms pants with a purple teenage mutant ninja turtles shirt and some make up. Well the jacket I got and TMNT shirt were to small and the pants were to big.
Also in West Burlington Iowa we got the same results. My 14 yr old daughter had purchased, with her own money she had earned doing odd jobs for people, about 161$ worth of summer attire including thigh high stocking tights to wear under her tattered Jean’s and skirts as well as numerous shorts and swimwear. The same day, maybe 5 mins after leaving the store but not the parking lot, we noticed she had accidentally purchased a 2x swim bottoms to match her top. Shes a big teenager but not that big so we approached the service desk, receipt and bags containing her purchase only to be told they would not honor any exchanges, which was all we wanted to do origionally, nor returns for refund. She had spent all of her funds on her purchase & having a pool party invite for that very day, I had to pay out of my pocket for another pair of swim bottoms for her. Upon returning home, because the fitting rooms were not open either, I had her try on the rest of what she had bought only to discover all but 1 shirt 1 pair of shorts & thigh thighs fit her comfortably, all the rest, including a 6 pk box of panties did not fit her. Knowing already that our local store would not return the items, I attempted to return for exchange in sizes at the Fairfield store & Ottumwa, Iowa store which are 40mins & the other 1hr 10mins away hoping their policy hadn’t changed, but I got the same response from both stores so I had to purchase for her the articles she needed. I told my daughter to keep receipt in the bag and place her bag somewhere in her closet. Teenagers, plus the fact we experienced homelessness since then & have moved twice, somehow the bag got lost in the shuffle so now she was literally out of cash, clothes and pride. Catherine Valdez
West Burlington, Iowa 52655
6414551307
Thank you
Update to address and phone number
1202 n Palm Ave 216
Mt pleasant IA 52641
5155529334
Add me please I bought over 100 worth of stuff and was never allowed to return 1 st there was a hold then when they opened returned they denied to return my items even with a receipt I called corporate talk to management never did get to return my items refuse to shop at Walmart now
I tried to exchange a pair of shorts for a different size and was told they are not taking returns until further notice, she told me I could go online and start the return I asked her when did they start doing this she said it’s posted at the entrance. On my way out I looked for it and I guarantee not very many people would have noticed a small 8×10 piece of paper on the window. I told them you can’t have it both ways either dressing room open or returns allowed.
Please add me to the Walmart class action… I live in Murrieta and shop at both the Murrieta and Temecula Walmart locations . With the dressing rooms being closed during covid … I had a few children’s and women’s clothing items with tags still on them and a valid receipt that I needed to return because they did not fit . Walmart refused to do the return. And even accused me of theft … EVEN WITH A RECEIPTS. The employee proceeded to tell me that people find receipts in the parking lot , then steal the items, and attempts to return them.. and although that blew my mind – I felt completely disrespected and degraded for being accused Of stealing when I spend a lot of money at Walmart and couldn’t even get a store credit for the items that did not fit .