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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
Am I too late to sign up for this class action and where do I go to do it???? Same as many of you with complaints against Wells Fargo
Presently have car financed through wells faego crazy interest rate been paying 368.17 on 14,000 for four and a half years and statement says i still owe around 8,000.00 with economy being as is have had employment problems but have got several rude calls
I had a simple affordable mortgage until wells fargo bought the loan from the pervious company. My payment and interest rate went crazy high threw the roof they wanted 1900.00 a month payment that is totally unacceptable i tried to get a home modification loan after 3 months of filling faxing sending emailing searching for documents digging out yrs of tax returns paystubs they contacted me and said i dont qualify when i asked what else can i do they said sell the house. so after almost 20 years with my home i had to sell it taking a huge loss on the price and just barely paying off wells fargo. they are the worst rudest harassing uncooperative company ever, if i need a loan for a home or anything again and i’m told well fargo is my only option I’LL LIVE UNDER A BRIDGE FIRST.
Wells Fargo tend to practice despicable practices. They came to get the car, and I ended up with a broken arm!!!
wells fargo representatives constantly made calls all hrs of the day. i told them to come and pick up the car. they didn’t want the car. they wanted the money. made arrangements found out the representatives was not applying the money. a representative told me if i couldn’t afford the car i couldn’t have purchased it. contacted the company to tell i was unable to work they did not document t he conversations. harrassment was their big thing. mean and rude representatives i had ever run upon. calls were made to my home, work, and cell.
I woud like to submit my name because I was reached time and time, it was a nightmar`=!
I had a very nice originator. We refinanced our Morgtgage but we kept getting calls saying the payment was late when we had just refinanced with them and used the closing attorney they recomended. There apparently was a delay in the closing and it being posted. Not only was the man who called very every,very rude and hateful. He was actually THREATENING.I continued to try and tell him that they were in control of the closing and held the docs,surely he could see that there had been a closing. If I had known the level of stress a simple refinance would have caused I would never have entered into business with Wells Fargo. I did call my originator who gave me a phone number to report this “threatening” behavior. The people at corporate were infact supportive and they said they documented and identified the culprit. I believe I may have gotten an e-mail about his attitude. I did eventually get resolved but not without a lot of stress.!!!!
It was some pretty egregious behavior.! The representaive that I spoke with wouldn’t even listen to the facts I gave him on the phone. It was a nasty experience and I would not use Wells Fargo again.
they were ridicoulous 4 and 5 times a day just harrassment.i even was told they were comingto get my car.im glad the phone calls are over.
i was getting calls wen i was out of service for my job.id have 3 or more 2 minute calls from wells fargo that i couldnt answer.which i was charged for.according to my allowable minutes by my cellular phone company.
the day the payment was due they were calling 4 to 6 times a day. Even if you posted it on line they were still calling.