Wells Fargo Phone Calls May Run Afoul of Telemarketing Laws

Consumers have recently complained of receiving unwanted Wells Fargo phone calls, advertising the bank’s services or trying to collect on alleged consumer debts.

These unwanted Wells Fargo phone calls were allegedly made using an automated dialing system, which are devices used to generate random phone numbers and place calls to them. Reportedly, an artificial or prerecorded voice often answers if the call is picked up.

Some consumers say they have been receiving Wells Fargo phone calls even though they are customers of the bank. Others report receiving calls meant for a different person. In some cases, the bank or its representatives have allegedly neglected to stop calling upon the called party’s request.

These unwanted Wells Fargo phone calls have already generated legal action, with one woman from Michigan filing a TCPA class action suit against the bank. Lead plaintiff Lisa Barnes alleges tens of thousands of Wells Fargo phone calls were placed to consumers who were not bank customers and who owed the bank no debts.

According to the claim, Barnes had started receiving Wells Fargo phone calls in 2016 and had received them on several occasions until July 3, 2017. The calls came from several different numbers, she claims, with each of them opening with artificial voices stating “Welcome to Wells Fargo dealer services…”

Barnes says these calls were reportedly for a different consumer named Richard. She says she called a local Wells Fargo branch stating she was not Richard and wanted the calls to stop.

Even though Barnes repeatedly asked for the Wells Fargo phone calls to stop, she alleges the calls continued and eventually drove her to file legal action.

Overview of TCPA Requirements

The TCPA was established by Congress in 1991 to help consumers combat aggressive debt collection practices, such as establishing what times it is appropriate to call consumers and when to use automated dialing systems.

While automated dialing systems are not completely illegal to use, companies can only use them to contact customers that have given prior consent. This means the customer must have opted to receive these calls in some way. The same rule applies to text messages.

Along with specific uses of automated dialing systems, the TCPA prohibits companies from contacting consumers outside of reasonable daytime hours to prevent unnecessary inconveniences.

The TCPA also requires companies to add consumers to their do-not-call registry at their request and honor that request for up to five years. Companies that are found to be in violation of the TCPA could have to pay statutory damages between $500 to $1,500 per violation, if the plaintiff can show the violations were knowing or willful.

Wells Fargo is no stranger to this issue. In 2017, the bank agreed to a $30 million TCPA class action settlement over similar allegations.

Consumers who received unwanted Wells Fargo phone calls and are considering filing a TCPA lawsuit, can note down the following information:

• Date and time of call
• Note whether or not prior consent was actually given
• Keep note of times consent was revoked
• Summary of call
• Whether or not artificial voices were used
• The phone number on the caller ID

Barnes is seeking damages for all TCPA violations, which could mean up to $1500 per unwanted Wells Fargo phone call.

This Wells Fargo TCPA Lawsuit is Barnes v. Wells Fargo Bank, N.A., Case No. 3:18-cv-06520-EDL, in the U.S. District Court for the Northern District of California.

Join a Free Wells Fargo Unwanted Cell Phone Calls Class Action Lawsuit Investigation

If you received an unwanted cell phone call from Wells Fargo, even though you have no prior affiliation with that bank, you may qualify to join a Wells Fargo unwanted cell phone calls class action investigation.

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