Anne Bucher  |  October 26, 2016

Category: Consumer News

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Ace Hardware class action lawsuitAce Hardware Corporation is facing a class action lawsuit that alleges the company offers a “NO HASSLE 60 DAY RETURN WITH RECEIPT” but subsequently denies returns that are made within 60 days that include receipts.

Plaintiff Kimberly Hummer claims that she purchased products from an Ace Hardware store in Las Vegas on July 20, 2016.

According to the Ace Hardware return policy class action lawsuit, Hummer was provided a receipt that stated “NO HASSLE 60 DAY RETURN WITH RECEIPT.”

Hummer subsequently moved to California and attempted to return the items she had purchased at an Ace Hardware store in Los Angeles in August 2016.

Even though she attempted to return the items within 60 days and provided the receipt, she was allegedly informed that she had to return the items to the store from which they were purchased.

According to the Ace Hardware class action lawsuit, Hummer felt misled by the retailer’s return policy. She says she relied on the stated policy that she could easily return items within 60 days with a receipt when she decided to purchase the items from Ace Hardware.

“Items that were purchased from one of Defendant’s retail locations were advertised to include a sixty day return policy that was hassle free if the return included a receipt,” the Ace Hardware class action lawsuit says. “However, despite these representations, it was Defendant’s policy and practice to deny returns within sixty days that included receipts.”

“Thus, each and every item sold by Defendant bears a uniformly-worded representation which makes the same false, affirmative statements of fact regarding the return policy included by the Defendant,” the Ace Hardware return policy class action lawsuit continues.

Hummer asserts that Ace Hardware is aware that its return policy is not hassle free as represented and that the company makes these false representations in order to entice consumers to purchase items from Ace Hardware “under false pretenses.”

She also claims that Ace Hardware made these false representations to “take advantage” of its customers.

The Ace Hardware class action lawsuit claims that Hummer and other potential Class Members were induced to make purchases that they otherwise would not have made, if they had known about the deceptive return policy.

Hummer seeks to represent a Class of consumers who purchased an item represented as having a “NO HASSLE 60 DAY RETURN WITH RECEIPT” in the United States.

The Ace Hardware return policy class action lawsuit asserts claims under California law for fraudulent and unlawful business acts and practices, misleading and deceptive advertising and untrue advertising. The complaint also asserts violations of the Nevada Unfair Trade Practice Act.

Hummer is seeking injunctive, declaratory and monetary relief.

The plaintiff is represented by Todd M. Friedman and Adrian R. Bacon of the Law Offices of Todd M. Friedman PC.

The Ace Hardware Return Policy Class Action Lawsuit is Kimberly Hummer v. Ace Hardware Corporation, et al., Case No. 2:16-cv-07096, in the U.S. District Court for the Central District of California.

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21 thoughts onAce Hardware Class Action Says Company Improperly Denies Returns

  1. Zach says:

    I spent over $75,000 online at Ace Hardware which generated a huge amount of Ace Hardware ‘bucks’ I was able to use in the store. Ace Hardware then closed my bucks account and said I was no longer able to take advantage of the Ace Bucks system and take part in the Ace Rewards program.

  2. Michael Truscott says:

    I live in Clearlake CA. I know most of the people who work at our local Ace hardware. They’ve returned many items over the years even without a receipt, with my logo engraved into it . Recently, a few new hires decided to deny, deny deny, to the point I was accused of threatening an employee and told to leave, cause they “have the right to refuse”, well what about the customers rights? I sent a friend in the store with pictures of my huskavarna chain saw, every lable on it, to get a new bar and chain. I bought the saw there a couple years back. The undereducated employee sells her a 18 inch bar that’s not compatible with the 18 inch chain he also sells her. I work 12 hr days, and the stores closed before I get off. Though I try to return the items before two weeks go by and am disrespected, talked down to and told to leave. I’m not usually someone who takes that and it was very hard for me to leave without…. My refund.

  3. Haden R. says:

    Sorry that happened to you. I know it’s frustrating. Perhaps this will help you to better understand the issue.

    The general rule of thumb is that if a store carries in inventory the product you are returning, then they should grant the return. However, all Ace stores are independently-owned, and just as not all stores are the same size, neither do they carry the exact same products. Granting a return on a product purchased elsewhere that the store doesn’t carry in inventory typically winds up as a loss for the store to whom you are returning it. Problem is that Ace corporate takes forever to credit that store for the return, if they get around to 8t at all, so in directing your displeasure over the issue, you should blame the corporation, and not the individual store, unless they treat you like shit, in which case they have made themselves part of the problem and are deserving of your ire.

  4. Greg J. says:

    Just happened to me today!! Purchased items at one store about 50 miles from my City of residence. Four days later I attempted to return three of the multitude of merchandise purchased as it wasn’t needed (after all). I brought the three unopened and unused items into the closest store, with the sales receipt. I explained the situation, and without looking me in the eye he held my receipt and repeated most of the details of i had just supplied. He then told me the policy is to return it to the EXACT store it was purchased from. I questioned this policy, and he told me that he would be in “big trouble” if he accepted the return from another store. The young man at the register was obviously misinformed. I walked outside and called corporate, and actually reached someone and obtained a number for ACE Hardware corporate (Foley Alabama) customer service. The number extended to me is 1-888-827-4223. Hope you all fare better than I obviously did (NOT)! Incredibly underhanded and extends a false sense of security with regards to the merchandise being purchased at ACE. As a veteran, Ace recognizes my service and offers a discount comparable to all other major hardware stores. These stores also permit returns at ANY store, which is what ACE advertises and explained to me when the items were purchased.
    This site and post is greatly appreciated.

  5. Christopher osborn says:

    I purchased three items from an Ace Hardware in Tucson Arizona for a job I was hired to do, the job ended up being cancelled. the same day I took the unopened items which I had a receipt for to a near by Ace and I was denied the return because it was from a different ace location.

    1. Greg J. says:

      Exactly what happened to me today! Completely unacceptable.

  6. James says:

    Westlake Ace hardware which is owned by Ace will give you store credit and void it once you leave. They tell you when you call them you need to speak to someone in corporate. It takes months to get your money. They also do a background check on you. Ace is not a good company

  7. Irma says:

    I have also had a negative incident with ACE, I bought two sets of brackets for curtains; and when I tried to return them they didn’t want to return, but when I asked to talked to the manager, I was given credit for one item, but the other one I got no money for it. They said that because I had opened the package they couldn’t take it back! I still have that bracket that I couldn’t use.

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