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Wells Fargo Loses Bid to Dismiss Overdraft Fee Class Action Lawsuit

By Matt O’Donnell


Wells FargoWells Fargo lost a bid to force customers into arbitration who are suing the bank for improper overdraft fees. The decision is a big win for Wells Fargo customers seeking refunds through a massive class action lawsuit known as In Re: Checking Account Overdraft Litigation.

Wells Fargo is just one of more than 30 banks involved in the consolidated case, which includes dozens of class action lawsuits accusing banks of reordering overdrafts to maximize fees. Many of the banks have already settled their portion of the case, including Bank of America, JPMorgan & Chase and U.S. Bank.

Wells Fargo attempted to get out of the class action lawsuit by trying to enforce a mandatory arbitration agreement it has with customers. A federal appeals court denied the request on Friday, however, ruling the bank can’t force arbitration after waiving its right to do so twice.

The court found that Wells Fargo asserted its right to force customers into arbitration after already putting them through a lengthy litigation process that lasted for years and yielded about 900,000 documents. Wells Fargo declined a trial court’s offer to arbitrate disputes in November 2009 and April 2010, and filed a motion to dismiss the class action lawsuit only after the Supreme Court ruled in April 2012 that federal law allows companies to force customers and employees to arbitrate claims individually.

Before the Supreme Court ruling, some state laws made arbitration clauses that contained class-action waivers unenforceable.

The motion to compel arbitration came too late, the court said, and would force Plaintiffs to “suffer substantial prejudice.”

The Wells Fargo Overdraft Fee Class Action Lawsuit case is In re Checking Account Overdraft Litigation, Case No. 09-md-02036, U.S. District Court, Southern District of Florida (Miami).


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Updated October 30th, 2012


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  • Anonymous November 2, 2012

    Where do I file a claim for the wellsfaro bank class action lawsuit settlement

    • zeddie roshell June 18, 2015

      where do I file acclaim for wells fargo overdraft class action suit

  • Anonymous November 6, 2012

    How would I find out the dates of this Wells Fargo lawsuit? I was with them 20 years ago & the reason I quit being with them was because of the overdraft charges. I have Googled online, but I guess I am not looking at the right things or searching for the right things, because I cannot find out how far back this goes. I can remember that I paid them well over $300 in overdraft fees… Thank you for all you do & without your help, I wouldn’t know 1% of things that are going on in the courts. Leonard R Cannon Jr, Phoenix, Az 85020

  • Anonymous November 6, 2012

    I am one of the filers on this law suit against Wells Fargo.
    But, I have since moved and would like to know whom to contact to update my information. Thank you for your help in this matter.

  • Anonymous November 8, 2012

    I was with them just a few years ago. I called and asked them to close my account and they refused and kept giving me overdraft fees till I recieved a bill for over $300…this wasn’t right when I asked them to please close the account.

  • Anonymous November 15, 2012


  • Anonymous November 21, 2012

    I am also interested in joining this lawsuit. I recently received a letter stating I owe over $1200 in overdraft fees on an account that was closed in 2007

  • Anonymous December 1, 2012

    I would also like to know where can I join. I can’t say how many thousands of dollars they took from me between the years of 2001 and 2010! There were several times they jacked me around on little bitty charges I had made with my debit card and rearranged them to post after a larger amount went through so that I ended up having 10 or more overdrafts instead of one. And then not only did they charge me an over draft fee for each one they also threw in some other charge for the same thing that doubled the amount I had to pay. There were several paycchecks I got where they took almost the entire amount of nearly $1000 in direct deposit. NO warning because they wouldn’t post it until my deposit came in and I would only receive notification a couple of days later which by that time I had spent $ that I thought should ve been in my account and so started the whole thing over again and it got to be a vicious cycle with them keeping tons of my $

  • Jennifer moon January 3, 2013

    Is it too late to join the class action suit against Wells Fargo?

    Please advise.



  • Jeff January 3, 2013

    How do I join this lawsuit against Wells Fargo? Because of the $800-$1200 in over draft fees over a 3 month period in 2010, Chex Systems has made it impossible to to open up a new bank account because they say I owe Wells $850 ALL FROM OVER DRAFT FEES! Help

  • Tim farmer January 9, 2013

    Where can I file a claim because this company is literally raping my direct deposit from my job. I am upset and aggrivated. I seem to still get a overdraft fee even when I have the funds jn my account HELP!!!!!!!!

  • marcia January 17, 2013

    how do i join this lawsuit settlement

  • Paulita Reed January 27, 2013

    Help I have the same issue…

  • Cynthia January 28, 2013

    We have the same problem. Just saw a notice for Harris Bank in the paper. Why hasn’t there been one for filing with Wells Fargo.

  • james d spielman January 30, 2013

    I want to be on this law suit also let me know how

  • James January 31, 2013

    How do I join this lawsuit

  • James January 31, 2013

    Where do I file a claim for the wellsfaro bank class action lawsuit settlement

  • Valerie February 3, 2013

    charging for fees from Wells Fargo bank out of town by their own ATM charges to my checking account which is a Wells fargo fee $37.50 plus $2.50 there was 19 of these used a ATM twice. Charges for them holding my money in my own checking account which seems to be changing everytime I receive a bank statement the fees are different. Want to know do they still have a class action lawsuit

  • shauna February 4, 2013

    My partner and I own a cafe in WA. state- banking with Wells Fargo was a huge and expensive miscalculation on our part. Its hard enough for small businesses to stay afloat in this challenged economy without crooks like Wells Fargo mishandling our funds. How do we get in on this class action suit? We would love to help bring these criminals to justice….

  • Mike Spielman February 5, 2013

    I would like to know how to join this class action lawsuit.I have unathurized transactions that cause overdrafting.
    Please help!

  • sabrina February 28, 2013

    I really need to get in on this law suit. How can I do it? They have raped me for years.

  • M March 4, 2013

    How do I join this class action.

  • stacey March 5, 2013

    another customer getting screwed by wells fargo… they hold my electronic deposit paycheck on Thursday at Mindnight – funds to be available Friday at 8Am until Saturday or later – opportunistic to overdraft because it has not posted. They also do deposits last and debits first… by Monday, they have changed it back – showing it posted Friday – but at 6 PM Friday still showing pending and not available for balance. crooked as the day is long. Do you have to have an active account for this suit? I want out of this bank. have proof from years of this. – also they overdraft and charge for each item, but hold deposit made same day until end of day…. or overdraft when there is no need to -had enough funds to cover outstanding amounts, and od left a balance over necessary. advise please.

  • harvey foote March 27, 2013

    there are no words to tell how greedy they are. i can go on line and to the date see how much i have in my acct. but if i have 3 debts for $7.00 on the 1st and 1 debt for the 18th of the same month, they take out the large amount first and charge me for the several small ones. i pay 35.00 for 7.4,9.dollars because they take the large first to bounce all the small.

  • rufus brown March 28, 2013

    yes they have manipilated me out of many hundreds of dollars on this practice

  • William April 6, 2013

    I see alot of people want to join the lawsuit and so would I but did not see an answer into how to do this. Please advise.

  • Tish April 10, 2013

    Me and my fiance’ would like to join the suit as well, where can we sign up. I also need to get on the Bank of America suit as well. Does anyone know???

  • Tish April 10, 2013

    I found it…Go to this website and it will give you a list of all the banks involved, and how to sign up:

  • Kathryn Seaman April 11, 2013

    Wells Fargo is pending my CASH transfers for 24 to 48 hours and charging overdraft fees.

  • YUGAISHTRI DAT September 23, 2013

    my home is currently with Wellsfargo and it has been more
    than 3 years since i have been try to get my modification done, they have prolong my file too long,
    i would like to find out how i can be on this lawsuit chain
    it is not fair, my health has gotten bad and life on hold for
    too long…
    i need results..

    Desperate homeowner

  • shethy smith November 24, 2013

    is this still going on? We just got slammed with a $35 fee and a $14 fee for an over draft of $4.99

  • Wayne Lothrop December 28, 2013

    Where do I file a claim for the wellsfaro bank class action lawsuit settlement

  • Marvin Feiges June 16, 2015

    This has happened to us many times. Let me know when and how to get on tis class action.

  • Jody H Ozburn/ Jody Ozburn Walden December 31, 2015

    Wells Fargo has taken over $5000 from us in a 2 1/2 year period. How do I sin up for the class action?

  • Jody H Ozburn/ Jody Ozburn Walden December 31, 2015

    meant to say how do I sign up for class action, overdraft fees.

  • Jody H Ozburn/ Jody Ozburn Walden December 31, 2015

    please put me on the list.

  • Jody H Ozburn/ Jody Ozburn Walden December 31, 2015

    please enlist me on the list.

  • Jody H Ozburn/ Jody Ozburn Walden December 31, 2015

    my home zip address is 83217

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