$15.7M Settlement Reached in Well Fargo TCPA Class Action Lawsuit

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Santa Clara, CA: Wells Fargo has reached a $15.7 million settlement in a class action lawsuit brought by a man who claims the bank violated the Telephone Consumer protection Act (TCPA) by allegedly using an autodialer to make calls to some 3.4 million consumers.

If approved, the deal would compensate 3.38 million proposed class members who allegedly received collection calls to their cell phones regarding a retail installment sale contract from Wells Fargo. The calls were made, the suit claims, using an auto dialer, between April 2011 to March 2016.

The settlement amount per class member would be $4.65 each, according to the settlement motion. The lead plaintiff is seeking an incentive award not exceeding $20,000, attorneys’ fees that would be capped at 30 percent of the settlement fund.

According to the suit, Frederick Luster claims Wells Fargo made autodialed calls to his phone number for the past four years in an attempt to collect debts apparently owed by two people he didn’t know. Luster states that at no time did he give permission to Wells Fargo to call his cellphone. However, Wells Fargo made the calls despite being aware that they were violating the TCPA.

“The telephone calls were intentionally, willfully and knowingly initiated,” the complaint states. “The telephone calls were not initiated by accident or mistake.” According to the settlement motion, Wells Fargo maintains that it had prior express consent to call the members of the proposed class.

The case is Luster v. Wells Fargo Dealer Services Inc., case number 1:15-cv-01058, in the U.S. District Court for the Northern District of Georgia.

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Reader Comments

Posted by
Kristy and scott mulhall
The calls I got were too many to count...we had auto loan through wells Fargo. I have forwarded my legal notice.

Posted by
cheri gill
i have gotten 2 auto loans through wells fargo,whenever i was late in making a payment the automated call would call every day until they got their payment,i had to quit my job in 2015 because my husband is ill,he is on disability and only gets paid ounce a month,therefore i was late alot,i pay 16.9percent on my car loan,i have paid on the same loan since aug,2013 and i still owe almost 9,000,that is because of all of the late charges,i cant even refinance my loan because of all of the late charges,i am currently staying home taking care of my husband,i get a small amount ounce a month last month was the first month in a long time i didnot have a phone call because i had a payment defered,thank you for your time

Posted by
Karen Lang Glover
I am a former customer that feels Well fargo called my phone without permission

Posted by
Rodney Dockstader
I have tried to input my loan number and i will not go in

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