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Ace 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
My simalar experience had more ominous consequences. When I tried to return a +$30 tool that broke upon first use just 3 days after purchase, the store mgr ridiculed me and said it couldn’t be returned because it had been used.
Worse, the manager, knowing where I worked, contacted my corporate headquarters and made false accusations concerning our exchange that nearly resulted in my termination!
I look forward to the judge expanding the size of the class beyond California to include the entire US.
Due to the above, you can certainly understand the desire to protect my identity.
The clerks always make me feel like I shouldn’t get cash back,and I always have my reciept,but am offered a same product exchange,or store credit .Also our local store does not offer or honour the Ace hardware rewards card ,so all my purchases locally ate not reflected in my ace hardware card. I feel cheated and lied to about all policys! Please include me in lawsuit.
I too was refused a return from my local Ace store. I bought $50 worth of batteries when hurricane Matthew was supposed to affect our area and when we didn’t need them I tried returning them and was told they did not take hurricane items back and they refused to give me a refund. I think its very unfair because to me batteries are not just for hurricanes, so please add me in.
Thank you
My store is in Tequesta, FL.
i have nothing to gain here but do you realize the store is not a bank. You can not borrow items or use the store as an insurance program. You selected to stock up in the case you needed them due to the hurricane. A policy of no returns on storm related purchase is more than fair and should be the norm to protect all. What makes you so privileged to think the store is for your benefit and should lose because the storm did not hit. It still needs to pay employees and expenses so it can provide the items it does. Just gets me nuts as the fault for buying what you did not need was you not Ace.
You just proved the store’s point yourself. If batteries are not just used in a hurricane, then in theory you could use them for something else. The store would go out of business taking back everything people bought for a hurricane and didn’t use. If you can’t understand that, then the problem exists with you, and you only.
There are quite a few people here with valid reasons for joining the lawsuit. You, sir, are not one of them.
I have had the same experience returning at another ACE store. The store refused the refund because their store did not carry that particular item. Unjust!!
I bought a generator that didn’t work they wouldn’t take back
i bought christmas lites last year on my way home from work at a ace hardware store. its three towns from my house I tried to take them back to the ace hard ware store right over from my house and was told they wont take them return them to ware i got them. i live west of Pittsburgh Pa
Purchased many items that they refused to let me return within stated policy!
How can residents of Arizona join the suit? I had hoped to return a weed eater that was defective. But, because the box was open, they accused me of causing the damage! Seriously? Foolishly, I engaged in this ludicrous argument with two employees, a manager and finally the owner. I have never been spoken to so disrespectfully. This simple errand concluded with me in tears, storming out and yelling something about my sister working for the Better Business Bureau. I am ashamed to admit that was not the first time I experienced such harassment from Ace Hardware, but, it was the last. The misleading advertisements, exorbitant prices, and offensive customer service should finally be exposed. Can you include Scottsdale, please?
The plaintiff 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. If the case is certified as a class action lawsuit, and reaches a settlement, it looks like Arizona will be included. Please keep checking Top Class Actions for updates. We are following the case and will let our viewers know of any major case developments or settlement news!
I bought an air conditioner from ace that was so loud we couldn’t stand it. tried To return it the next day and go a very big run around. Even Had an employee yell at me. I definitely want in.
I bought many items at Ace but the big ticket items I think are the ones I don’t think they want to let people return. Please include me in the case.