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The case is Kevin Wesely Dobbs v. Wells Fargo Bank, et al., Case No. 37-2012-00050425-CU-BT-NC, Superior Court of the State of California, County of San Diego.
Wells Fargo, Hyundai Motor Finance TCPA Class Action
By Sarah Pierce
A class action lawsuit claims Wells Fargo Dealer Services and Hyundai Motor Finance harass consumers with months of automatically dialed, unsolicited calls to their cell phones to collect debts, in violation of the Telephone Consumer Protection Act (TCPA).
Plaintiff Kevin Wesely Dobbs says in the class action lawsuit that Wells Fargo and Hyundai Motor Finance “engaged in a months-long pattern of deliberate harassment” by calling his cell phone every day, and oftentimes multiple times a day, to collect an alleged debt.
Dobbs claims even though he told Wells Fargo and Hyundai Motor Finance not to call him on his cell phone, “Defendants’ collection agents continued to honey badger” him with more than 40 calls in an obvious “intent to harass” Dobbs, claims the class action lawsuit.
“Each of these calls was placed to Plaintiff’s cellular telephone, without his express permission, by means of an automatic dialing system,” the class action lawsuit states. This is in violation of the TCPA, which prohibits the use of autodialers to make any call to a wireless number unless it is an emergency or there is prior express consent of the dialed party.
The class action lawsuit is brought on behalf of all persons in the United States who have received calls from the Defendants on their cell phones via auto dialing devices without express permission over the past 4 years. It is seeking damages and statutory penalties of $1,500 per violation if it can be proved that the Defendants knowingly made the calls in violation of the TCPA. If intentionality cannot be proved, the class action lawsuit is seeking $500 per violation.
A copy of the Wells Fargo, Hyundai Motor Finance TCPA Class Action Lawsuit can be read here.
Updated February 20th, 2012
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33 thoughts onWells Fargo, Hyundai Motor Finance TCPA Class Action
Wells Fargo dealer services report my car I was 2 months behind I had to pay 3 months to get it back and had to pay the month I was in so that’s 4 months payment to get my car back the entire time I received phone calls multiple times every day I tried to work out a payment agreement they were unreasonable I eventually scraped enough money together and got the car back I was without insurance for a couple weeks due to paying 2 months more than I owed on my car Wells Fargo dealer services charged me 1000 dollars for insurance they claimed to have bought I was told they have no paperwork for the transaction fast forward about 10 months I buy a new house after living there for 3 days my car was stolen and eventually found without the keys 2 weeks later GEICO my insurance company comes in they will only pay for a rental for 2 weeks up to $700 my car ends up getting towed and new Lock’s and keys put in for $1200 I paid $500 for my deductible they paid $700 the car has been gone for over 2 months I was paying my car payment the entire time I finally pick the car up take it about 2 miles down the road and I noticed I can’t see anything behind me the car had a cloud of smoke coming from the exhaust I bring it to my mechanic right away by the time I get there the car has no power and smokes more when I press the gas pedal the car eventually gets totaled GEICO drag’s this process out for another month Wells Fargo dealer services demands a intended to pay from Geico because I couldn’t continue to pay on a stolen totaled car I had to get a new car I had been without a car for more than 3 months at this point I received phone calls daily to this day they received the intent to pay from Geico however Geico still has not paid them the car was stolen in August 2016 and it’s January 2017 thats 6 months GEICO gives me a quote that will pay about $2000 less than I owe mind you I already paid my deductible so after arguing with over having a $500 deductible I agree to pay the remaining balance to Wells Fargo dealer services minus the $1000 they charged me for insurance they have no proof of I get a email from Geico it’s a power of attorney they want it notarized and mailed to their total loss department I do this about 4 weeks later they say they never received it Wells Fargo has been harassing me and tells me the payoff was going to be about $3000 i find out that Geico adjusted my quote they finally answered why it was changed the deducted the towing costs the key repair and my $500 deductible I have already paid after months of calls from both Geico and Wells Fargo this issue is not resolved Geico has not given me an update on the quote after saying they are looking into it and Wells Fargo dealer services continues to ruin my credit and threatening to repo the car from Geico when I talk with Geico they only say fill out the form and send it to us and not looking into the adjustment they made every time I ask them about it they all act like it’s the first time I have mentioned it I’m not sure what to do
I noticed that this was posted a few years ago, am I too late to get into this? Ive had multiple calls from hyundai motor finance every day for weeks. Not to mention a boatload of other disturbing experiences with them that they need to be penalized for.
How can I get in on this lawsuit This company repoed my vehical over two payments . I called to check on payment they told me it wasn’t recieved. When vehical was repoed. They told me the payments were recievd before the the repo was supposed to happen.