Wells Fargo Debt Collection Calls Spark Class Action Lawsuit

Consumers report having received unauthorized Wells Fargo debt collection calls, even though they do not have an account or any association with the bank. In July, 2017, a class action lawsuit was filed against Wells Fargo alleging these calls are violations of the Telephone Consumer Protection Act.

Plaintiffs allege that Wells Fargo debt collection calls were made with the use of an Automatic Telephone Dialing System (ATDS). An ongoing investigation is seeking other potential plaintiffs who have received such “robocalls.”

The Complaint

Lead plaintiff Albert P. alleges that during an eight-month period between August of 2016 and March, 2017, he received more than 15 Wells Fargo debt collection calls, which used a computer-generated or pre-recorder voice. He says the intended recipient turned out to be someone named “Edgar,” who was unknown to Albert.

The plaintiff says he has never done business with Wells Fargo, nor did he provided his cell phone number or give Wells Fargo permission to contact him. When Albert was able to speak with a live, natural person, he says he specifically requested that the defendant cease and desist, informing the caller that he was not “Edgar.”

These requests were disregarded, Albert says. Furthermore, the calls themselves allegedly gave no opportunity for the plaintiff to opt out.

The plaintiffs allege invasion of privacy and economic losses because of the fees charged to their cell for receiving such calls. The complaint also alleges psychological distress resulting from these unauthorized calls.

Wells Fargo Debt Collection Calls and the TCPA

The TCPA was passed in 1991 under the George H.W. Bush Administration at a time when the use of auto-dialers was becoming more prevalent. This law restricts businesses from employing auto-dial technology for the purpose of contacting consumers on either cell phones or land lines without their express consent. The law has since been revised and updated to include “robocalls” that employ artificially-generated or prerecorded messages. The TCPA allows consumers who receive such calls without their consent to bring bring legal action against violators. The plaintiffs who received unauthorized Wells Fargo debt collection calls are seeking an injunction to stop the defendant from engaging in the practice in the future. Under the TCPA, they may be eligible for damages of up to $1,500 per violation.

A Repeat Offender

The class action initiated by Albert is not the only time Wells Fargo debt collection calls have been a cause of action in a TCPA lawsuit. In November, two women in different states filed lawsuits claiming that Wells Fargo had called them repeatedly. One of the plaintiffs, a resident of California, stated that she has never been a Wells Fargo customer, nor has any account with them. According to the other complaint, Wells Fargo does not deny their actions. The plaintiffs allege that 
“Wells Fargo has long acknowledged that it makes calls to non-customers’ cellular telephone numbers using an automatic telephone dialing system (‘ATDS’) and a prerecorded voice message.”

Consumers say that unauthorized Wells Fargo debt collection calls continue, despite several consumer lawsuits and even warnings from the Federal Communication Commission.

Take Action Now

If you have received unauthorized Wells Fargo debt collection calls, you may be eligible to join a class action lawsuit or file a complaint of your own. A qualified TCPA attorney can assist you in preparing your case and recovering damages.The current Wells Fargo Debt Collection Calls Class Action Lawsuit is Case No. 3:17-cv-02306-EDL, U.S. District Court for the Northern District of California, San Francisco Division.

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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