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This settlement is closed!
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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
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.
Settlement Website
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
Wells Fargo had the wrong address for me so assuming they sent the check to an old address, I resubmitted my current address and requested a new check be sent. I have no idea if it was successful as I have not received confirmation from anyone, an email and there is no direct line to speak to someone about this matter. Wonder when I can expect a check..if at all.
I submitted a claim form. If they have begun distributing checks, when should I expect to receive my refund? I was a Wells Fargo holder for 11 years.
This is exactly why I finally left Wells Fargo Bank. I went in to see them many times about how they purposely rigged my deposits so that I incurred overdraft fees in spite of my deposit being on time. They told me over and over that this was just the way it was. Im really glad they lost this case, however, $200 million is just chump change to them. I cannot be compensated for the way they maliciously and purposely misappropriated my deposits for their own gains. As a business owner, this was very bad business. Unfortunately, they are redecorating their branches around here, so I don’t think the judgement was enough punishment for them. Dirty, rotten, crooks!
They sent me a check with wrong name on it.
I just received a check for 185. So this is a real thing not a scam and I can deposit the check with no issues correct.
This blows, they sent me a check for $31. I called them multiple times when I was a customer just to complain about this exact problem and is literally the reason I closed my account. I probably had upwards of $200 in fees owed. Thats the justice system for you.
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.
Was proof need for this one
Checks started going out in the mail July 1st to all non-Wells Fargo customers. My sister was credited $500 in fees. Cant wait to see my tally.
I was a customer of wells fargo until recently.