Wells Fargo class action claims bank unfairly charges customers for bounced checks

Wells Fargo bounced checks class action lawsuit overview: 

• Who: Maher Arif, Brad Ellish, Batmadakh Choijin and Dagvador Batyarsaihan filed a class action lawsuit against Wells Fargo Bank N.A. 
• Why: The plaintiffs claim Wells Fargo unfairly charges customers on the receiving end of a bounced check. 
• Where: The class action lawsuit was filed in South Dakota federal court. 

Wells Fargo unfairly charges customers who are on the receiving end of checks that bounce, a new class action lawsuit alleges. 

Plaintiffs Maher Arif, Brad Ellish, Batmadakh Choijin and Dagvador Batyarsaihan claim Wells Fargo charges customers so-called “deposited item return unpaid fees” if they receive a check that bounces. 

“Plaintiffs were shocked when they were charged these fees because they did nothing wrong yet were penalized by Wells Fargo,” the class action states. 

Arif, Ellish, Choijin and Batyarsaihan want to represent a nationwide class and California, New Jersey and Nevada subclasses of individuals who had or have accounts with Wells Fargo and who were charged a deposited item return unpaid fee by the financial institution. 

Wells Fargo deposited item return unpaid fee unfair, oppressive class action claims 

The plaintiffs argue Wells Fargo acts in a matter that is “unfair, oppressive and against public policy,” according to the lawsuit.

“Because the depositor could not have reasonably known the check was bad, it is unfair to charge the check recipient a fee for returning the check,” the Wells Fargo class action states. 

Arif, Ellish, Choijin and Batyarsaihan claim Wells Fargo is guilty of unjust enrichment, breach of contract and breach of the implied covenant of good faith and fair dealing and violations of New Jersey, Nevada and California law.

They demand a jury trial and request declaratory and injunctive relief along with an award of actual, consequential, punitive, statutory and treble damages for themselves and all class members. 

A consumer filed a similar class action lawsuit against Citibank earlier this month over claims the bank unfairly charged customers who had a bad check deposited into their account. 

Has Wells Fargo charged you a deposited item return unpaid fee? Let us know in the comments.

The plaintiffs are represented by Scott N. Heidepriem, Matthew A. Tysdal and Pete Heidepriem of Heidepriem, Purtell, Siegel & Hinrichs, LLP and Lisa R. Considine, David J. DiSabato and Oren Faircloth of Siri & Glimstad LLP. 

The Wells Fargo bounced checks class action lawsuit is Arif, et al. v. Wells Fargo Bank NA, Case No. 4:24-cv-04044, in the U.S. District Court for the District of South Dakota. 

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