Christina Spicer  |  November 6, 2020

Category: Closed Class Actions

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picture of Wells Fargo sign with bank in background

Deferred Action for Childhood Arrivals (DACA) recipients may qualify for a class action rebate worth up to $2,500 in a $20 million settlement agreement with Wells Fargo.

Individuals who are DACA recipients whose loan applications were denied by Wells Fargo between Jan. 30, 2015, and Aug. 21, 2020, may be able to benefit from the class action settlement.

The lead plaintiffs accused Wells Fargo of illegally discriminating against loan applicants who had DACA status. The Deferred Action for Childhood Arrivals status was granted to “undocumented” individuals under a federal program that allowed them to stay in the country, work and go to school. Under the program, those who were brought into the country as children without going through regular immigration channels were allowed to defer immigration actions, including deportation, for a certain period.

The plaintiffs alleged they had obtained DACA status and applied for various loans through Wells Fargo, including student and car loans. However, they claimed the bank had denied their loans simply because they were DACA recipients.

The Wells Fargo class action lawsuit accused the bank of violating the Civil Rights Act and Equal Credit Opportunity Act, as well as California state laws.

The DACA program faced a hostile administration that took it all the way to the U.S. Supreme Court in an attempt to gut the law; however, the Supreme Court upheld the program. Days later, Wells Fargo agreed to pay $20 million to settle the class action lawsuit.

Under the terms of the class action settlement, Wells Fargo has agreed to pay an award to both a nationwide Class and a California Class. In addition, the bank has agreed to change its lending policies to ensure those with DACA status are eligible for loans, credit cards and home mortgages under the same terms as other applicants with citizenship or permanent residency status.

The California Class includes those who resided in the state with unexpired DACA status and were denied a Wells Fargo loan application for a credit card, small business loan, student loan or personal loan between Jan. 30, 2015, and Aug. 21, 2020. In addition, those who applied for a home mortgage between Jan. 29, 2018, and Aug. 21, 2020, qualify as well.

The Nationwide Class includes those with DACA status who did not reside in California and were denied any of the loans listed above.

California Class Members can claim up to $2,500 for each denial of a Wells Fargo loan listed above. The amount of each Class Member’s award will depend on the total number of claims submitted.

Nationwide Class members can claim $100 for each denial of a Wells Fargo loan. The amount of each Nationwide Class Member’s award will also depend on the total number of claims submitted.

Class Members must submit a Claim Form to make a claim in the Wells Fargo class action settlement. Claim forms can be submitted online or by mail. Class Members must be able to provide proof of unexpired DACA status at the time of the Wells Fargo loan application. The deadline to submit a claim is Nov. 24, 2020.

The deadline to opt out of or object to the class action settlement is also Nov. 24, 2020. The final hearing is scheduled for Jan. 8, 2021.

Who’s Eligible

There are two Classes:

  • A California Class includes those who resided in the state with unexpired DACA status who were denied a Wells Fargo loan application for a credit card, small-business loan, student loan or personal loan between Jan. 30, 2015, and Aug. 21, 2020. In addition, those who applied for a home mortgage between Jan. 29, 2018, and Aug. 21, 2020, qualify as well.
  • A Nationwide Class includes those with DACA status who did not reside in California and were denied a Wells Fargo loan application for a credit card, small-business loan, student loan or personal loan between Jan. 30, 2015, and Aug. 21, 2020. In addition, those who applied for a home mortgage between Jan. 29, 2018, and Aug. 21, 2020, qualify as well.
Potential Award

Up to $2,500.

  • California Class Members can receive up to $2,500
  • Nationwide Class Members can receive up to $100
  • Final awards will depend on the total number of valid claims submitted
Proof of Purchase

No proof required, but Class Members should have documentation of their unexpired DACA status at the time of the denied loan upon request.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

11/24/2020

Case Name

Perez, et al. v. Wells Fargo Bank NA, Case No. 3:17-cv-00454, in the U.S. District Court for the Northern District of California

Final Hearing

01/08/2021

Settlement Website
Claims Administrator

Perez v. Wells Fargo Bank
c/o JND Legal Administration
P.O. Box 91378
Seattle, WA 98111
perezinfo@WFDACALawsuit.com
1-877-313-0213

Class Counsel

Rachel Dempsey
Ossai Miazad
Michael N. Litrownik
OUTTEN & GOLDEN LLP

Thomas Saenz
Belinda Escobosa
Tanya Pellegrini
MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATIONAL FUND

Defense Counsel

K. Issac deVyver
Karla Johnson
MCGUIRE WOODS LLP

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15 thoughts onWells Fargo DACA Class Action Settlement

  1. Jandyl Hazelett says:

    Add me

  2. Sheryl says:

    Please add me I was denied a loan and I paid off my previous loan in two years this is ridiculous

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.