From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature
Got Wells Fargo? They've got a pending class action lawsuit on them for greedy practices
Do you have a Wells Fargo debit account in the Bay Area, or anywhere in the US for that matter?
Did you ever check your balance online and find that a transaction was posted and then mysteriously disappeared? Of course, you didn't think you got whatever you bought for free, but perhaps thought the transaction was not final yet and you had a little more money at your disposal that day than you first thought. Well, that was a trick they used to gull you (and me) into spending over what they had as your real balance, and then they hit us with that fat $30 overdraft fee for every transaction no matter how small (even little $5-10 dollar ones).
Sometimes a handful of transactions that amounted to no more than, say, $25 dollars could lead to well over a hundred dollars or more in overdraft fees.
And that's not the half of it...
If you missed that neat little trick about appearing and disappearing charges, you probably didn't miss this next little gem when you checked your accounts online. Say you had $130 in your account and charged something for $40 then $20 then maybe another $100, and you ended up $30 over your actual balance. Well, you'd think that would mean one overdraft charge for the last transaction that put you over your limit. If you thought that, you'd be wrong. Oh, sure, they'd appear in your online account info in the order you charged them -- at first -- but then they'd re-order them at the end of the day or the next day, largest to smallest. I noticed that re-arranging several times. And guess what? With the $100 transaction counting first, it would be the $40 one that would put you over your limit (ca-ching, one overdraft charge of $30, thank you very much) and then the $20 transaction would be charged last causing yet another overdraft fee (double ca-ching, thanks sucker). At $30 a pop, this easily adds up fast, way beyond what ever fairly should have been your single overdraft fee.
These accounting tricks that came into play in the early 2000s must have been filling their coffers quite nicely, when repeated over and over thousands of times with thousands of their customers that live barely paycheck to paycheck, affording the execs hefty bonuses and other perks.
I knew these things were going on, but I thought the first was some normal accounting irregularity of a complex electronic banking system, not realizing it was intended to gull me into overspending. I was fully aware that the second one was a deliberate practice of Wells Fargo to suck far more money out of me than they ever legitimately had claim to, but I assumed it was somehow legal in our wonderful world of bank deregulation and class war on the poor. Now it appears that it may not be legal, or at least that's what I'm hoping a judge decides. And I am thankful that someone has decided to seriously call them to account for their greedy practices, at least two of them.
Why I hadn't moved to a community bank or credit union before now is beyond me. Why I put up with this BS for so long is embarrassing. Ripped off hundreds of dollars every year and I just accepted it. Well, at least now, if either of these things happened to you in the last few years, you, like me, are automatically a Class Plaintiff and might get something back, after the lawyer's take their ginormous cut from any possible settlement. Go class action justice!!
Read below for specific wording of Class Action.
Did you ever check your balance online and find that a transaction was posted and then mysteriously disappeared? Of course, you didn't think you got whatever you bought for free, but perhaps thought the transaction was not final yet and you had a little more money at your disposal that day than you first thought. Well, that was a trick they used to gull you (and me) into spending over what they had as your real balance, and then they hit us with that fat $30 overdraft fee for every transaction no matter how small (even little $5-10 dollar ones).
Sometimes a handful of transactions that amounted to no more than, say, $25 dollars could lead to well over a hundred dollars or more in overdraft fees.
And that's not the half of it...
If you missed that neat little trick about appearing and disappearing charges, you probably didn't miss this next little gem when you checked your accounts online. Say you had $130 in your account and charged something for $40 then $20 then maybe another $100, and you ended up $30 over your actual balance. Well, you'd think that would mean one overdraft charge for the last transaction that put you over your limit. If you thought that, you'd be wrong. Oh, sure, they'd appear in your online account info in the order you charged them -- at first -- but then they'd re-order them at the end of the day or the next day, largest to smallest. I noticed that re-arranging several times. And guess what? With the $100 transaction counting first, it would be the $40 one that would put you over your limit (ca-ching, one overdraft charge of $30, thank you very much) and then the $20 transaction would be charged last causing yet another overdraft fee (double ca-ching, thanks sucker). At $30 a pop, this easily adds up fast, way beyond what ever fairly should have been your single overdraft fee.
These accounting tricks that came into play in the early 2000s must have been filling their coffers quite nicely, when repeated over and over thousands of times with thousands of their customers that live barely paycheck to paycheck, affording the execs hefty bonuses and other perks.
I knew these things were going on, but I thought the first was some normal accounting irregularity of a complex electronic banking system, not realizing it was intended to gull me into overspending. I was fully aware that the second one was a deliberate practice of Wells Fargo to suck far more money out of me than they ever legitimately had claim to, but I assumed it was somehow legal in our wonderful world of bank deregulation and class war on the poor. Now it appears that it may not be legal, or at least that's what I'm hoping a judge decides. And I am thankful that someone has decided to seriously call them to account for their greedy practices, at least two of them.
Why I hadn't moved to a community bank or credit union before now is beyond me. Why I put up with this BS for so long is embarrassing. Ripped off hundreds of dollars every year and I just accepted it. Well, at least now, if either of these things happened to you in the last few years, you, like me, are automatically a Class Plaintiff and might get something back, after the lawyer's take their ginormous cut from any possible settlement. Go class action justice!!
Read below for specific wording of Class Action.
Gutierrez v. WFB Class Certification
http://www.wfblawsuit.com
(Last updated on 11/26/2008)
This class action lawsuit was filed against Defendant Wells Fargo Bank on November 21, 2007.
Plaintiffs allege that Wells Fargo has a practice whereby certain debit card transactions are at first reflected in an available balance, but then are later deleted from the available balance, thereby misleading customers with inflated account balance information and inducing them to incur overdraft fees. Plaintiffs also allege that Wells Fargo, when posting debit-card transactions on a day, re-sequences those transactions from highest to lowest and thereby increases the number of overdraft transactions. Plaintiffs allege that these practices violate California consumer protection and unfair business practices laws and constitute fraud, negligent misrepresentation, and conversion. The lawsuit seeks monetary and injunctive relief from Defendant.
Wells Fargo denies all allegations of wrongdoing.
http://www.wfblawsuit.com
(Last updated on 11/26/2008)
This class action lawsuit was filed against Defendant Wells Fargo Bank on November 21, 2007.
Plaintiffs allege that Wells Fargo has a practice whereby certain debit card transactions are at first reflected in an available balance, but then are later deleted from the available balance, thereby misleading customers with inflated account balance information and inducing them to incur overdraft fees. Plaintiffs also allege that Wells Fargo, when posting debit-card transactions on a day, re-sequences those transactions from highest to lowest and thereby increases the number of overdraft transactions. Plaintiffs allege that these practices violate California consumer protection and unfair business practices laws and constitute fraud, negligent misrepresentation, and conversion. The lawsuit seeks monetary and injunctive relief from Defendant.
Wells Fargo denies all allegations of wrongdoing.
For more information:
http://www.wfblawsuit.com
Add Your Comments
Latest Comments
Listed below are the latest comments about this post.
These comments are submitted anonymously by website visitors.
TITLE
AUTHOR
DATE
To the 'bank guy'
Fri, Apr 22, 2016 10:48PM
Over-Draft Fees
Fri, Oct 15, 2010 2:15AM
The Fees are Ridiculous, but Where is the Responsibility?
Fri, Aug 13, 2010 6:56AM
Most banks probably do this if not all
Wed, Aug 11, 2010 1:59PM
Wells Fargo + Freddie Mac
Thu, Aug 5, 2010 5:27AM
leave wells fargo!!
Sat, Jun 26, 2010 9:13AM
Overdraft fees
Thu, Jun 17, 2010 6:24PM
Leaving Wells Fargo
Tue, Jun 15, 2010 9:05PM
where's our bailout?
Sat, May 15, 2010 5:28AM
This is robbery!
Wed, May 12, 2010 11:46AM
We are 100% volunteer and depend on your participation to sustain our efforts!
Get Involved
If you'd like to help with maintaining or developing the website, contact us.
Publish
Publish your stories and upcoming events on Indybay.
Topics
More
Search Indybay's Archives
Advanced Search
►
▼
IMC Network