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Wells Fargo Non-Citizen Discrimination Class Action Lawsuit Overview:
- Who: A judge declined to dismiss a class action lawsuit filed by Alexandr and Ekaterina Maystrenko against Wells Fargo.
- Why: The Maystrenkos claim Wells Fargo discriminates against non-US citizens.
- Where: The class action lawsuit was filed in California federal court.
Wells Fargo’s request to dismiss a class action lawsuit alleging the bank discriminates against non-US citizens was denied by a federal judge in a recent order.
Lead plaintiffs Alexandr and Ekaterina Maystrenko claim Wells Fargo refused to approve them for a credit card, personal loan, or checking account due to the fact they were non-citizens.
The Maystrenkos, who are Russian asylum seekers and seeking to represent a nationwide Class, claim they received rejection letters which cited their status as non-citizens for why they failed to get approved.
Wells Fargo argues they don’t discriminate against non-citizens and that the Maystrenkos had acknowledged it extends credit and checking accounts to non-citizen green card holders.
Wells Fargo Discrimination Claims Survive Bid To Dismiss Class Action
A federal judge determined that just because Wells Fargo granted service to certain non-citizens does not mean it could not have discriminated against others.
“Wells Fargo suggests it may have had non-discriminatory reasons for denying services to the Maystrenkos, such as lack of creditworthiness, but that is factual matter,” the judge said. “The Maystrenkos plausibly alleged a claim for alienage discrimination in the complaint, which is all that is needed at this stage of the case.”
The judge also dismissed Wells Fargo’s argument it is legally allowed to consider an applicants citizenship status, ruling that does not absolve it from claims of widespread discrimination.
“The gravamen of the complaint is that Wells Fargo had a policy and practice of denying banking services in whole or in part of the basis of alienage,” the judge said.
Wells Fargo was also unsuccessful in getting the judge to dismiss a claim of bias stemming from its requiring Alexandr Maystrenko to open an account in person — which the bank argues he refused to do.
The judge, citing a Ninth Circuit ruling, determined that barring only non-citizens from being able to apply online and forcing them to appear in person was harmful.
Wells Fargo was also recently named as a defendant in a class action lawsuit filed last month over allegations it uses deceptive tactics to trick consumers into taking risky and expensive mortgage loans.
In 2017, Wells Fargo was accused of discriminating against non-citizens during the loan approval process in violation of federal and California law.
Has Wells Fargo discriminated against you because of your status as a non-US citizen? Let us know in the comments!
The plaintiffs are represented by Alfred Gerard Rava of Rava Law Firm.
The Wells Fargo Non-Citizen Discrimination Class Action Lawsuit is Maystrenko v. Wells Fargo NA., Case No. 3:21-cv-00133, in the U.S. District Court for the Northern District of California.
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2 thoughts onWells Fargo Must Face Class Action Claims Bank Discriminates Against Non-US Citizens, Rules Judge
Wells Fargo pretende negar los servicios de banca online a todos los que estén fuera del territorio de los EEUU. A partir del 11/30/2022.
Es discriminatorio porque será imposible visualizar las cuentas y controlar los gastos.
He Sido discriminada, soy venezolana y me encontraba por motivos de salud en Argentina en julio 2022, cuando hice un Zelle que fue tildado de fraude por su departamento, me negaron el acceso on line a mis cuentas y me dejaron sin dinero en Argentina. Me exigieron que me presentara en una agencia personalmente para desbloquear. No reconocieron los códigos de seguridad telefónico ni por correo. Exijo la restitución de mi acceso on line. Fui maltratada por Wells fargo.