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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
My wife and I have a mortgage through Wells Fargo but not by our choice. Wells Fargo bought the loan from the previous bank. We tried doing a loan modification through them and it was the biggest nightmare ever. We now receive multiple recorded harassing phone calls a day on both my cell and our house phone.
They got me with a 2006 Intrepid so I can completely understand where #18Steve Barenbaum is coming from. Its almost as if our experiences are one in the same. I too bought a vehicle financed through Wells Fargo and eventually volunteered repossesion bc I could no longer make the payments due to a job loss. I tried to explain but even after the repossesion I was continually called and ensured that the calls would persist. Im with Steve, What happened to that vehicle insurance that was supposed to cover us in such an event? They also resold the vehilce in our case.
I bought a 2007 pontiac gran prix car from Barberino nissan through wells fargo I became disabled and not able to work there was supposed to be a ins with the loan incase of job loss injury the loan would be paid that did not happen and was severely harrassed calls to home cell work all told not to and was in contact back and forth not just ignoring them yet the calls kept coming until volentary repo they resold vehicle
I finance a car, from Graves Chevrolet. I was called everyday about a cr note that interests rates kept changing. They called on Sunday mornings. The calls some time early morning or late evenings.
They called my husbands work at home on cell they was so rude we bought a ford van through them paid 140000
00. on it they made it hard to pay for this they raised the payment & they even raised the % on it . stay away from them do not do any financing with them.
Gary & Lena Kinder
When I applied for a mortgage loan,Wellsfargo paid some of my debts off including a car I had financed w/ toyota motors. Ifell behind in (2) payments and wells fargo reposssed the car after paying notes for over (4) yrs. Now they are still writing and calling my home telling me I owe $11,000 for the car they took away.A car I bought in 2002. They are really ridiculous !!!!
I am signing up for the Wells Fargo law suit. I was called on my cell phone.
I was called so many times i would have to turn my phone off I traded my car in with just a few payments left just to get away from wells fargo i would never due another loan with them
i had bad transactions with wells fargo also would call my cell phone all hours of the day even on the weekends
I would tell people I learned from my mistake by dealing with Wells Fargo & I would even advise my worst enemy not to deal with them!!!!!!! :(