Class action lawsuit claims Home Depot does not follow policy on merchandise holds

Home Depot lawsuit overview: 

• Who: A California Home Depot consumer sued the company.
• Why: The plaintiff says the company illegally repossessed items he paid for but had not picked up.
• Where: The Home Depot lawsuit was filed in a California state court.
• What are my options: Ace Hardware offers products similar to The Home Depot. 

A California Home Depot consumer sued the company, alleging it illegally repossessed items he paid for but had not picked up yet. 

Plaintiff Joseph Chang filed the class action lawsuit against Home Depot USA Inc. May 15 in a California state court, alleging breach of contract and unfair business practices.

According to the lawsuit, Home Depot failed to honor its own express terms for handling of merchandise by customers who did not take possession at the time of purchase but intended to take possession at a later time. 

Chang owned multiple rental properties and often bought building materials from Home Depot, the class action says. Pursuant to “Special Services” policies Home Depot created, he and others often did not take immediate personal possession of the merchandise they purchased, he says. 

“Instead, such purchasers would pay for such merchandise in full, and Defendants would ‘hold’ this merchandise at the store,” the lawsuit states. “At the time of such purchases, Plaintiff intended to return at a future date to pick up the merchandise which he had purchased.”

Home Depot provided policies that state if items are not picked up within 30 days, they are subject to abandoned property laws, the class action states. However, instead of following the abandoned property laws, Home Depot relisted the product without giving a refund.

“Defendants simply restocked and resold the merchandise, keeping the proceeds from the subsequent sale, notwithstanding that Plaintiff (or others similarly situated) had already paid for this merchandise,” according to the lawsuit.

This is a breach of California abandoned property law, the class action states. 

No refunds given to consumers, Home Depot lawsuit states

Home Depot did not provide refunds to the original purchasers at the time of resale or thereafter, despite the retailer’s knowledge of the addresses, credit card accounts, telephone numbers and or other contact information for the purchasers, the lawsuit says.

“In effect, Defendants ‘repossessed’ merchandise that had already been fully paid for by Plaintiffs and others similarly situated,” the class action claims.

Chang looks to represent a class of California consumers who purchased goods for later pickup and had those items repossessed. He seeks certification of the class action, damages, fees, costs and a jury trial. 

In other Home Depot news, consumers may be able to receive a refund from a towing settlement if their vehicle was subject to booting at a New York City Home Depot.

Have you had a similar experience with Home Depot? Let us know in the comments! 

The plaintiff is represented by Paul Marron and Steven C. Rice of Marron Lawyers APC.

The Home Depot class action lawsuit is Joseph Chang, et al., v. Home Depot USA Inc., Case No. 2:23-cv-03702, in the Superior Court for the State of California County of Los Angeles.

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