Brigette Honaker  |  October 18, 2018

Category: Consumer News

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Consumer Claims Robocalls from Wells Fargo Violated TCPAAfter allegedly receiving repeated robocalls from Wells Fargo, a California consumer has filed a lawsuit against the financial institution seeking damages under the Telephone Consumer Protection Act.

Plaintiff Shantwania D. has filed a lawsuit against Wells Fargo Bank NA, alleging that she received repeated robocalls from Wells Fargo in relation to a debt. Shantwania claims that the robocalls from Wells Fargo were in violation of the Telephone Consumer Protection Act (TCPA) and California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA).

Before March 2018, Shantwania says she incurred a debt through Wells Fargo which she fell behind on payments for. Due to the delinquent status of her debt, Shantwania allegedly received over 75 robocalls from Wells Fargo in an attempt to collect on her debt. She claims that these calls were placed by an automatic telephone dialing system.

Shantwania says she sent Wells Fargo a written request to stop contacting her via telephone after she allegedly received 5-10 robocalls from Wells Fargo a day. In March 2018, Wells Fargo allegedly responded to Shantwania’s request, confirming that they had processed her request. Despite acknowledging Shantwania’s request, she says she still received numerous robocalls. These robocalls from Wells Fargo allegedly continued through September 2018, when Shantwania filed her lawsuit.

Shantwania argues that she knows the calls placed by Wells Fargo were made using automated dialing equipment due to the repetitive nature of the calls and the long silence and dead air which she heard upon picking up the call.

“As a result of Defendant’s unfair, oppressive, and abusive conduct in connection with Defendant’s debt collection activities, Plaintiff has suffered mental anguish by way of embarrassment, shame, anxiety, fear, and feelings of despair over Defendant’s continued collection calls despite Plaintiff’s clear and written request that Defendant cease and refrain from any such telephonic communications,” the TCPA lawsuit states.

Shantwania argues that the robocalls from Wells Fargo were a deliberate attempt to harass her into paying her debt. This behavior, as well as the alleged disregard for her revoke of consent, constitutes unfair and unlawful debt collection behavior, Shantwania claims.

The lawsuit claims that the robocalls from Wells Fargo which she received violate both the TCPA and the RFDCPA.

The TCPA was passed by Congress specifically to prevent robocalls such as the robocalls from Wells Fargo which Shantwania allegedly received. Robocalls can be a significant nuisance. In 2015, the Federal Communications Commission noted that “[m]onth after month, unwanted robocalls and texts, both telemarketing and informational, top the list of consumer complaints received by the Commission.”

The RFDCPA, which is a California state law similar to the federal Fair Debt Collection Practices Act (FDCPA), expressly prohibits the use of “unfair and unconscionable means” to collect on a debt. Shantwania claims that the use of repeated robocalls from Wells Fargo constitutes a violation under this law, entitling her to damages.

Wells Fargo has been the target of many similar claims of improper robocalling. In August, another plaintiff alleged he received nearly 300 robocalls from Wells Fargo, and that these calls kept coming even after he asked the bank to stop calling. Another plaintiff claimed he was targeted with over 1,400 harassing phone calls.

Shantwania seeks actual damages, court costs, attorneys’ fees, statutory RFDCPA damages of $1,000, statutory TCPA damages of $500 for each negligent violation, and further statutory TCPA damages of $1,500 for each willful violation.

The Wells Fargo TCPA Lawsuit is Case No. 2:18-cv-07698-PJW in the United States District Court for the Central District of California.

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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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3 thoughts onConsumer Claims Robocalls from Wells Fargo Violated TCPA

  1. Marlena says:

    Add Me Please. I have never had an account with them and have received calls from them and My daughter has received calls from them as well. The calls would say our accounts was suspended We NEVER had an account with Wells Fargo and do not know how they got our phone number

  2. Nicole Boswell says:

    Add me please

  3. Rache says:

    Is this for California residents only right now?

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