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Call Recordings Settlement Overview:
- Who: Wells Fargo Bank
- Why: Telemarketers working on behalf of Wells Fargo allegedly recorded phone calls without the recipients’ permission.
- Where: California
A federal judge has preliminarily approved a $28 million class action settlement resolving claims that telemarketers working on behalf of Wells Fargo Bank secretly made call recordings.
According to the class action lawsuit, International Payment Services LLC and Ironwood Financial LLC allegedly called U.S. businesses to ask about their credit and debit card sales volume.
However, these calls allegedly were recorded without the merchants’ knowledge or consent, a violation of California privacy law.
Merchants must have a relationship with a bank that is a member of the Visa and MasterCard systems in order to accept payment from customers using a Visa or MasterCard, according to the class action lawsuit. These banks process all credit and debit card transactions for a merchant in exchange for a percentage fee on each transaction.
A Class has been established that includes all businesses that received a phone call from a call center operated by International Payment Services or one of its affiliates between March 7, 2011, and May 7, 2014, while the call recipient was physically in California, and that did not sign a contract for merchant processing services with First Data Merchant Services LLC.
The net settlement fund — the amount that remains after attorneys’ fees and other costs are paid — will be divided by the number of eligible calls made to Class Members who file valid, timely claims.
Each Class Member who files a valid and timely claim form will be eligible for a share of the settlement fund, up to a maximum of $5,000 for each eligible call. Those who received multiple eligible calls are entitled to a payment for each.
Did your business receive a telemarketing call placed on behalf of Wells Fargo? Do you believe the call was recorded? Let us know in the comments below.
The plaintiffs are represented by attorneys Myron M. Cherry, Jacie C. Zolna, and Benjamin R. Swetland of Myron M. Cherry & Associates LLC.
The Wells Fargo Call Recording Class Action Lawsuit is James Wang, et al. v. Wells Fargo Bank, et al., Case No. 1:16-cv-11223, in the U.S. District Court for the Northern District of Illinois.
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158 thoughts onWells Fargo Agrees to $28M Settlement Over Call Recordings
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This happened to me several times. I was sent a letter to join the class action and I sent in the form to be added to the suit. Today, I received a check for partial payment but apparently I did not include my EIN number. With the check they sent another form for me to send them my EIN. It’s in the mail. My settlement total will be 2,149. I am falling off my chair. I have joined a few other class action suits and got nothing so I am very happy that they were made to pay for their bad business practices. I look forward to receiving the remainder of the payment.