Ulta Class Action Alleges Customers Short-Changed on Returns

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Ulta faces a proposed class action lawsuit over claims that the largest beauty retailer in the nation consistently “shortchanges” customers during store returns.

Plaintiff Cassandra R. Hearn says she purchased an eyebrow pencil through Ulta’s website for $20.52 in February 2016. A few weeks later, Hearn decided to return the product to a California retail store allegedly within the 60 day return policy.

According to Hearn, the Ulta store gave her a refund of $19 for the eyebrow pencil which was $1.52 less than the full amount she paid online.

The Ulta lawsuit claims that the beauty retailer’s return policy clearly states that online customers may return items to a local Ulta store for the full price they paid.

The class action lawsuit alleges that Ulta is in breach of contract by not refunding customers the full amount paid for products. Hearn claims that Ulta has the capability of calculating and refunding the correct amount, like other retailers do, but instead the store keeps the difference for itself.

The plaintiff claims that she possessed her original email order confirmation, packing slip, all the original packaging materials and returned the product within 60 days of purchase which fulfilled her end of the contract. However, she was still not given the full amount she was allegedly owed.

“Ulta systematically shortchanges customers who return products by refusing to refund to customers a sum equal to the tax reimbursement paid by customers, rather than the full amount actually paid,” the lawsuit states.

The Ulta class action lawsuit alleges that with more than 850 retail stores across the U.S., potential Class Members should be in the thousands.

“Even if just one customer per store per year over a four year period returned a product and was given less than the full amount paid in return, there would be nearly 3,500 plaintiffs for the class, rendering joinder impossible, not merely impractical,” the plaintiff claims.

According to the complaint, all putative Class Members have experienced modest financial loss from the alleged Ulta reimbursement procedure making a class action lawsuit the superior way for resolving this dispute.

“Ulta’s computerized sales system provides an efficient means to obtain information on transactions en masse, meaning class treatment would significantly reduce the discovery costs to all parties,” the lawsuit states.

If approved, the Ulta class action lawsuit will be open to all U.S. residents who returned an item to Ulta but were given a refund that was less than the full amount paid.

Hearn is represented by Kyle Van Dyke, Debra L. Hurst and Julie Corbo Ridley of Hurst & Hurst.

The Ulta Short-Changed Class Action Lawsuit is Hearn v. Ulta Salon Cosmetics & Fragrance Inc., Case No. 3:16-cv-00868, in the U.S. District Court for the Southern District of California.