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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
We were called numerous times while we were at work
There was nothing but harassment towards my husband on his job.
…and was called numerous times at work, home, and cell.
Was financed through WF for years. Horrible interest rate due to my credit. But after even my credit score reaching 800, no refinance. Took my business to a bank, shortened my loan, lowered my payment by more than 100.00 and swore id never do business with them again. Except for this.
Wells Fargo charged me three times, what the car is worth and when I finish paying off the car. They did not report the full amount of money they had me pay for the car. Also, lied to the credit agencies on the type of loan. therefore, this impacted my credit report. Please advise. and they called my cell phone, work, and home.
my payment was set-up from day one to be paid the 16th of the month.but each 1st of the months I get many calls on cell andland-line call let me no my payment is due.
Yep, they will rip you off any chance they get. I was a loyal mortgage customer for several years and went through them for a consolidation loan and WOW the intrest rate was through the roof. You would think they could do something for an established customer. So I look for another mortagage co, refinanced and moved on saving hundreds per month.
They got me with my house.. I had my own land and i want to build a house on it. Well i told them i would like for my payment to stay around 800.00 to 900.00 dallors because i’m a single mother and i knew i could afford a payment in that price range. Well the day of the closing i walk out of there with a 1700.00 dollar house payment.. I’ve been going through a big fight to get this correct and its still not handle. I really dont know what to do now..
so very true with the harrassment!!
Yes this is for real, my husband is computer illiterate when it comes to computers, hence the email address in my name. Wells Fargo also screwed us when we refinanced our car. They changed the payment date. The date was previously set to coincide with my check, every third Wednesday of the month. To make matters worse the late fee went from $5.00 to $39.00. When I buy a big ticket again it will stay where is if Wells Fargo has anything to do with the financing.
Mr. David &Mrs. Sherry Tingle