Anne Bucher  |  September 25, 2015

Category: Closed Class Actions

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This settlement is closed!

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wells fargo class action lawsuit

A class action lawsuit alleging Wells Fargo Bank NA violated California law by misrepresenting the order in which debit card transactions were posted, resulting in unexpected overdraft fees. If you were a California Wells Fargo customer from Nov. 14, 2004 and June 30, 2008, you may be a Class Member of this overdraft fee lawsuit, and you may be eligible for a refund.

The Wells Fargo class action lawsuit was initially filed in November 2007 and accused the bank of “resequencing” debit card transactions in high-to-low order designed to maximize the overdraft fees cardholders were charged. The Class has been certified and the class action lawsuit went to trial.

At trial, a judge found Wells Fargo violated California law by posting debit card transactions in high-to-low order, and entered a judgment requiring the bank to pay approximately $203 million in refunds to Class Members. Although this judgment has been affirmed by an appeals court, Wells Fargo has asked the U.S. Supreme Court to review the judgment. Therefore, this judgment is not final and no payments will be made until it has been finalized.

UPDATE July 1, 2016: The settlement website has been updated with the following: “Starting July 1, 2016, Class Members who are not current Wells Fargo customers are being sent payment checks…”   Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

Who’s Eligible

All California Wells Fargo customers from Nov. 14, 2004 to June 30, 2008, who incurred overdraft fees on debit card transactions as a result of the bank’s practice of sequencing transactions from highest to lowest.

Potential Award

N/A. A judgment has been entered requiring Wells Fargo to pay $203 million in refunds to Class Members. However, Wells Fargo has appealed the class action lawsuit to the U.S. Supreme Court, so this judgment is not final. We will update this page if the judgment becomes final.

Proof of Purchase

N/A

Update Contact Information
Claim Form Deadline

N/A. The judgment against Wells Fargo has not been finalized and there is currently no money available to Class Members. We will update this page if the judgment becomes final.

If you need to update your address or contact information, you may do so on the settlement website.

Case Name

Gutierrez v. Wells Fargo Bank NA, Case No. C07-05923-WHA, in the U.S. District Court for the Northern District of California

Final Hearing

N/A. This Wells Fargo class action lawsuit has been appealed. Because there is no settlement, a Final Hearing has not been scheduled.

Claims Administrator

Class Administrator
P.O. Box 30171
College Station, TX 77824-3171
877-651-4199

Class Counsel

LIEFF CABRASER HEIMANN & BERNSTEIN LLP

MCCUNEWRIGHT LLP

Defense Counsel

COVINGTON & BURLING LLP

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21 thoughts onCalifornia Wells Fargo Overdraft Fee Class Action Lawsuit

  1. Sergio says:

    I’ve never gotten a check from this law suit but when i checked unclaimed property some
    Thing about Wells Fargo vs GUTIERREZ shows up so now I’m wondering how do i claim this money

  2. Terri Carter says:

    I requested a reissued check on 11/11. As of today, Ive not received anything, including a confirmation its been received. I contacted the company listed on their website and was told it could take 6 – 8 for the reissued check to arrive. “I’m waiting” …

    1. Rhonda denice gibbs says:

      any luck or help getting your check reissued?? im still trying to get help!!

  3. Adrian says:

    I requested my replacement check on 10/28/2016 because they sent me a check to an old address and once it reached me it was over the 90 days to cash till this day have not herd back and the number listed is only a recording you can not speak to anyone

  4. lucy says:

    I requested a check to be re-issued and haven’t got anything? is there a phone number?

  5. P. Platt says:

    I requested a check be re issued on Oct 4, 2016 thru the website & have not heard a word. Phone number is just a recording…

  6. ute van camp says:

    I threw the paper away. is there another way to do a claim

    1. Top Class Actions says:

      You will need to contact the settlement administrator or class counsel with any questions. Checks for the settlement were mailed in July 2016. There is an option on the settlement website to request a reissued check. Good Luck!

  7. LYNN MOORE says:

    For 10 years they took about $1200 a year from me. I had 4 accounts and they even tried it on a savings account coz I transferred money into checking 3 times in one month to avoid these fees!!!!!!
    They have only begun to pay by having Stumpf “resign”….now he needs to be put in the appropriate retirement home….JAIL!!!

  8. king says:

    I have been a customer of WF since 1997. I have not received any refund nor check. Called Administrator who pushed me to WF, who than gave me phone number with auto message. I am pissed Anyone have any pointers on where to complain or call? Thanks!

  9. Liberty Berry says:

    Where do i go to get involved with this.. looks like people have done claims .. i need to do this and inform them on my location. thank you

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.