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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
Add me. And BJ’s is also guilty!
Thanks.
Yes, please add me. I’ve brought OTC Pepcid when the news was reporting that it was extremely helpful for Covid symptoms. I tried to return and was told temporarily no returns until further notice. I checked back several times through out 2020 and the same policy still in place. Tried to return at the beginning of 2021 and was told I was beyond the 90 day return policy. It’s very unfair that the normal.pllkcy took effect again without any public notice saying the temporary no return police was lift. I’m in the North Virginia (outside Washington D.C.) I’m Very willing to accept a store credit as I love Walmart and shop theire all the time. But to be stuck with the items without any recourse is extremely unfair for such an unusual circumstances of the pandemic. Please add me to the lawsuit.
I had bought a bunch of spring/summer clothes soon after the coronavirus shut down in Michigan. The dressing rooms were closed so I figured I’d just try everything on at home. No big deal, right?!? Unfortunately I gained the ‘covid 20lbs’ as did most Americans and nothing fit. I was extremely upset that I couldn’t return anything I bought, and had no use for, since nothing fit!!! That was a lot of money to throw away especially during Corona, I lost my job along with the rest of the country. I’m steaming mad and want to be added to this lawsuit!!!
add me
Yes I had tried to of clothes, I bought at Wal-Mart totaling almost $180.00. That I Had bought just the week before. With reciept. At the return counter I was told. Wal-Mart was not taking returns. I told employee, that’s no fair or right because I could not try any thing on due to sign saying dressing rooms closed. And I would not of bought any it. And why was it not posted any where in store that. Wal-Mart’s store. would. No longer be making returns or Informed by a cashier or any signs posted. Anywhere. In here. The employee shrugged her shoulders and said I think they did. Put it by the register.. I reply No. It was not posted . by register nor any where else in store . in fact I see no signs posted right now. She stated then it was because of covvid 19. .i asked when or will they start returning stuff if again or if ever. She said she didn’t know. I said then I am just stuck with clothes that don’t fit. And out my money? She said maybe. you could donate them to a shelter or something. . I was so upset I just left store. I called my daughter to ask if she new of. Wal-Mart’s no return policy. She said no. She had been to Wal-Mart’s 3 days ago I didn’t see anything saying they don’t make returns anymore no signs or anything. And said surly they would have to tell the public. Because l think most people would not shop there. . I told my daughter that Wal-Mart was making millions. By not telling people that they can’t return stuff they bought even with there receipts. I am so glad I hope they are held accountable for the huge loss we all have had. By not posting or telling. Costumer How do I get added to this class action?
I forgot to add that also when the employee told me that they could not accept clothing returns by LAW during covid….a weeke later I saw the top I wanted that was all sold out….back on the floor ….so they let somebody return clothes
I tried to return clothes to Walmart during the early covid period and was told by the rohnert Park Walmart employee “it’s the law we can not take any clothing returns”
Yes please add me. I go to the La Mesa Ca location All the time. I tried returning lots of clothing time after time and they said that we will return your items as soon as its been cleared because of Covid to just keep the receipt and but no luck yet still have lots of clothes that don’t fit due to vovid
Please add me
Walmarts actions during the Covid 19 event to date are deplorable up to today. I also was told that returns were suspended as well as dressing rooms etc… They stated when the returns are accepted again I could return the merchandise then . That day never came because when I did present the merchandise and receipt it failed to meet their return policy guidelines. This happened on several occasions and several area stores in South Carolina. Walmart experienced exponential growth as a result of the crisis and continues to enjoy that benefit EVERYTIME a new stimulus check is issued add me !!!!
Yes! Last spring I tried to return an outfit I bought for our 7 year granddaughter because I had purchased 3 different outfits and we decided on just two of them. The outfit I wanted to return was $9.99.
I also tried returning a 24″x74″ Non-adhesive Privacy Panel for glass and was refused. The panel was $19.99 on sale.
This was at Wal-Mart Supercenter #346
719 W 7th Ave., Augusta, KS 67010.
The customer service associate informed me that due to COVID-19, they would be accepting NO EXCHANGES OR RETURNS FOR A REFUND until 60 day AFTER PPE and sanitation requirements were lifted. The associate pulled a sheet of paper out from under the counter to “show” me this was Wal-Mart’s pandemic policy. THAT POLICY WAS POSTED NOWHERE IN THE STORES DEPARTMENTS SO CUSTOMERS WOULD BE ABLE TO MAKE AN INFORMED CHOICE ON WHETHER TO PURCHASE PRODUCTS OR NOT.
WAL-MART DEFINITELY PROFITED FROM THEIR NON-POSTED POLICY. Wal-Mart benefited financially from COVID-19 by refusing to refund or exchange items purchased.