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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
Walmart has ruined my Christmas my week has been full of stress anger sadness and fear I have found myself in Walmart five times trying to return a broken $19 item without a receipt apparently they think I stole it but I am on camera with my service dog going into that Walmart purchasing the item in the next day trying to return it in the next day trying to talk to a manager and the next day insisting however being kicked out by security for being polite and patient while holding a broken item
They embarrassed me talk down to me and threatened meSince then I have felt nothing but anger and confusion.
The $19 watchband was a gift for my birthday and I’ve been told by managers at Redlands Walmart that their policy is to not except exchanges on broken items regardless of who I am.
Sad thing is I have a video of all of this and I am ready to post it, it is hilariously embarrassing if you are a Walmart manager. video of the customer service manager smiling and laughing at me, making it very obvious that she is enjoying this, trust me when you read this I have found nothing but negative emotions in the past 5 days,
This horrible but eye-opening incident with Walmart it’s consuming my days
I have consistently driven myself Into a deep dark hole over and ignorant and rude managerial department of Redlands Walmart
I will do whatever it takes to make sure they know my name, and that I am a loyal customer Who is extremely dissatisfied with the new policy which has caused my emotional distress.
Just one other phenomenal question, what happens if someone gets a gift on Christmas day and doesn’t fit, can they bring it back to Walmart and exchange it without a receipt because I’m told that they cannot by the manager of Redlands Walmart.
Think about that one for a minute
Yes I purchased and item in February 22, 2020
and I still have the items here with receipt please add me to lawsuit
I received a birthday present on the 15th which was broken, $19 watchband I do not have the receipt it was a gift Walmart policy online says that I should be able to exchange it for another one or get a refund even if I don’t have a receipt however Redlands California Walmart is very adamant on making sure their policy of not being able to return something without a receipt rules over the original Walmart corporation policy of being able to return or exchange an item that is broken without receipt I have attempted several times to return this item only to be embarrassed and ridiculed and actually laughed at by the acting manager of customer service I am now at battle with Walmart over $19 and have reached my house several times returning today over populated facility
I believe that the store manager is enjoying my dismay I have a video and an audio recording of three belligerently rude employees making asses of themselves and telling me to do what I Gotta do, I am going to sue Walmart for not exchanging this broken item I have been going through hell and risking my life for five days of a 19 measly dollars I will do everything I can to make sure my case is thoroughly recognized by the corporation they have proven that my satisfaction means nothing to them I am very emotionally disturbed And have been since this ordeal began I will be having Christmas without my uncle Chris this year as Covid has taken him already I promise you that if I got sick in that store from going back-and-forth and back-and-forth futilely five days and getting mixed messages about their return policy this will go a lot farther I am contacting an attorney as it is over $19 how embarrassing I don’t really mean this when I say it but hear me nowI am so angry and distressed over the way I was embarrassed and mocked at Walmart in the Redlands for $19, all of this of course while I was standing there with my service dog being very polite and patient I will post the video of the Walmart managers acting like drug dealers gangsters and other common thieves.
The one incident which sticks with me and keeps it clear in my mind that I have every right to be as angry as I am is the incident where the manager laughed in my face and told me to have a wonderful evening right after I told her my uncle just died from the coronavirus so I don’t want to be going into this over crowded facility over and over again to exchange a broken 19 dollar item, she actually laughed In my face turned around, and jogged away saying have a wonderful evening leaving me by myself in an empty customer service area I have this all on video and it is similar to a Saturday night live skit I am waiting until tomorrow to hear back from Walmart corporate and if I don’t I will post this video online and embarrass the shit out of that corporation. If they were completely aware of what is going on I am positive that this matter would have been solved quickly efficiently and politely.
However I am very convinced by the overall actions of their management staff that this hole they’ve dug themselves in is going to go much deeper Every minute that goes by as I am allowed to sulk in confusion and anger.
I am feeling exponentially volatile, it’s a good thing I am not a disgruntled person with a gun, you can use your imagination starting now.
I will be thinking about my HORRIBLE and DANGEROUS attempts to professionally(peacefully) exchange a broken 19 dollar birthday gift.
I will not be happy on Christmas Eve or Christmas Day
THANKYOU WALMART,
Also I’m a little confused as to how they will deal with Christmas gift returns who don’t have receipts. If anyone other than myself had experienced what I am going through at the Redlands Walmart I am pretty sure they would feel wronged, embarrassed, nervous, angry, concerned, confused and mostly, this seems to be one of Walmarts favorite words “dissatisfied”
You stated in your 1st story that you are seen on camera with your service dog going in that walmart and Purchasing the item. Now you are saying that you received as a gift. ???
I tried to return some scrubs that I purchased, I bought 2 sizes because I was not sure how there sizes ran, the dressing room was closed. I could not return them or get the correct size. I am a healthcare worker and was in need of new scrubs. Please add me
Please add me. Not only did I have issues at Walmart but also cvs.
Please add me
Walmart is not the only store that did this ! Most stores stopped customers from returning items during the pandemic shut down. It was only when a phase 2 opening that the stores allowed customers to return items purchased with a receipt.
Please add me..
I would like to be added, I was told that I wouldn’t be able to return any clothing due to covid and was not allowed to go in store with the item
I bought six pairs of Dickies sox size 12-15 tried to return for smaller size, and was told because of pandemic they are not accepting returns. This is in Sacramento, Ca
I did a online food order and they brought the wrong order and they told me to keep it. After I told them I will come and pick up my order and as per conversation with customer service representative they stated due to the virus I could not return the food
They cancelled my order and refunded my money. But I got stuck with someone else’s order and I had to go out and shop for my food that I didn’t get. That was not cool because there was a family with out food instead of finding out what was the issue. Please Add Me
Yes I tried to return an item in May.