Wells Fargo Harassing Phone Calls Spark Class Action Lawsuit

A new class action lawsuit was filed in U.S. District Court for the Southern District of California on Oct. 9, 2017. At the heart of the complaint are Wells Fargo harassing phone calls made to plaintiff Lynn L.

This plaintiff, seeking to represent not only herself but also others similarly situated, is accusing the Midwest-based bank of making more than a hundred autodialed calls without her consent to both her land line and her cell phone.

The Wells Fargo harassing phone calls were allegedly made using automated dialing equipment, according to the plaintiff. Use of this equipment without the called party’s consent may be in direct violation of the Telephone Consumer Protection Act (TCPA).

The phone calls originated from multiple phone numbers which, according to the narrative of the lawsuit, were all traced and identified as belonging to Wells Fargo.

Lynn states that the Wells Fargo harassing phone calls began approximately seven years ago in February of 2010. The Wells Fargo harassing phone calls were always directed to a person by the name of Ruth Phillips and were offering a home loan or a reduction in mortgage interest rates.

A few times, messages were left on her voicemail of this nature. The message was preceded by dead air followed by a click, an indication that an autodialer was used to make the connection.

According to the documentation of the lawsuit, Lynn L. told the originators of the Wells Fargo harassing phone calls on numerous occasions that not only was there no Ruth Phillips at the phone numbers they were calling, but that they did not have her permission or consent to call with their telemarketing offers.

Lynn L. allegedly asked to be removed from the Wells Fargo calling list for both her land line and her cell phone number. In spite of this request, she says she received about 120 autodialed Wells Fargo harassing phone calls over a seven-year period and actually picked up 97 of those calls, according to her own self-report.

The plaintiff made connection with a Wells Fargo executive in September 2016 over the phone of her own initiative to try to resolve the matter. The executive assured her that an investigation would be opened regarding the reason she continued to receive these phone calls in error.

In October 2016, Lynn received a follow-up letter from the same person who told her that at least one of her phone numbers was listed by mistake on the account of one of their mortgagees. She was assured that no further contact would be made using either number as they had both been removed per her request.

Lynn L., according to the lawsuit documentation, has been on the National Do Not Call Registry since January 2010. The plaintiff alleges violation of the TCPA in her lawsuit on the basis of the use of an autodialer and that it was used to contact her on a cellular phone where she pays for the contact time via her carrier. She alleges that she is one of many for whom these violations occur.

For herself and on behalf of the Class she hopes to represent in this case, Lynn L. is asking for a trial by jury, judgment in favor of herself and the class, monetary damages of $500 per phone call violation of the TCPA, and $1,500 per each phone call made knowingly and willingly. She asks for a return of all litigation, court, and attorney’s fees associated with this action.

The Wells Fargo Harassing Phone Calls Lawsuit is Case No. 3:17-cv-02072-WQH-JLB in U.S. District Court for the Southern District of California.

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