TCPA Class Action Lawsuit Filed Against Wells Fargo

A California woman filed a TCPA class action lawsuit against Wells Fargo Bank alleging she received harassing cell phone calls in connection with collection of mortgage payments.

The Wells Fargo TCPA lawsuit alleges the bank placed harassing robocalls, autodialed calls, and/or calls with pre-recorded and/or artificial voice messages to consumers who did not consent to receive such calls for purposes of collecting upon mortgage payments.

In most instances, robocalls and unsolicited text messages violate the Telephone Consumer Protection Act (TCPA), and generally each TCPA violation allows for $500 to $1,500 per violation.

Plaintiff Ranasee Maldonado alleges she received an unwanted cell phone call from Wells Fargo Bank in December 2014 and in January 2015, and upon answering the unsolicited phone calls, she was prompted by an automated voice to contact Wells Fargo regarding her purported home mortgage payments.

She claims she called the number provided and informed a Wells Fargo representative that she did not have a mortgage with the defendant, let alone own a home or an account with Wells Fargo. Even with this information, Maldonado claims that Wells Fargo has continued to make unwanted cell phone calls to her.

She is filing this TCPA lawsuit on behalf of all potential class members who have received these unwanted cell phone calls from Wells Fargo reportedly for its debt collection campaign for past-due mortgage payments without prior express written consent. Maldonado has demanded a jury trial for this case.

What Does the TCPA Do?

The Telephone Consumer Protection Act (TCPA) is the main federal law that seeks to curb unsolicited phone calls using an automatic telephone dialing system.

Most robocalls are banned unless (1) you previously gave consent to receive the call or (2) the call is sent for emergency purposes. This ban applies even if you have not placed your phone number on the national Do Not Call list of numbers telemarketers must not call.

The law specifically states that each unsolicited phone call carries a penalty of $500 to $1,500 per call. Many of these calls are unwanted and unsolicited by the recipient.

For cell phone users, the problems are not simple annoyances only.  Many cell phone carriers charge per received calls and the problem is amplified if the recipient is on a pre-paid cell phone plan.

TCPA Lawsuits

The TCPA was enacted in 1991 to protect consumers against solicitors and telemarketers (for both debt collection and telemarketing purposes). If you received an automated call or unsolicited text message from Wells Fargo, you may be entitled to $500 to $1,500 per violation.

The Wells Fargo TCPA Class Action Lawsuit is Ranasee Maldonado, individually and behalf of all other similarly situated v. Wells Fargo Bank, Case No: 3:15-cv-02333 in the U.S. District Court for the Northern District of California San Francisco Division.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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