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Wells Fargo Overdraft Fee Class Action Lawsuit Bench Trial Decision Issued By Court.

Wells Fargo Ordered To Pay Over $200 Million In Class Action Lawsuit Over Alleged Unfair and Deceptive Overdraft Fees.

In a class action lawsuit filed against Wells Fargo & Company and Wells Fargo Bank, N.A. (collectively “Wells Fargo” or “Defendants”) in the United States District Court for the Northern District of California (styled Veronica Gutierrez, Tim Fox, Erin Walker and William Smith vs. Wells Fargo & Company and Wells Fargo Bank, N.A., Case No. 3:07-cv-05923-WHA) alleging, among other things, that Wells Fargo reorders or re-sequences debit card transactions from highest to lowest so as to maximize the number of overdrafts and the amount of overdraft fees it charges debit card customers, U.S. District Judge William Alsup, issued a decision after a bench trial, ordering Wells Fargo to stop posting transactions in high-to-low order by Nov. 30 and to reverse overdraft fees charged to customers from Nov. 15, 2004, to June 30, 2008, according to a class action lawsuit news report.

The Wells Fargo debit card overdraft fee class action lawsuit complaint reportedly includes the following class members, unless otherwise excluded:

All Wells Fargo customers from November 15, 2004 to June 30, 2008, who incurred overdraft fees on debit card transactions as a result of the bank’s practice of sequencing transactions from highest to lowest (the “resequencing class”).

For more information on the Wells Fargo overdraft fee class action lawsuit, read the District Court’s Findings of Fact and Conclusions of Law After Bench Trial in the Wells Fargo overdraft fee class action lawsuit, write the claims administrator at Gutierrez v. WFB Class Certification, P.O. Box 1960, Faribault MN 55021-6156, call the claims administrator at 1-888-356-0267 or visit the Gutierrez v. WFB Class Certification website:

www.wfblawsuit.com

If You Have Thoughts On TheWells Fargo Overdraft Fee Class Action Lawsuit, Share Your Class Action Comments Below.

{ 30 comments… add one }
  • clive August 18, 2010, 3:23 pm

    Is there a link to join the lawsuit and settlement?

    • eric August 23, 2010, 7:06 am

      im wondering that myself. if you do find that information please let me know and i”ll continue to look for it and i find it i”ll send it on to you. thank you. Respectfully,
      eric

    • BonnieJoyce Viteri February 22, 2012, 12:47 pm

      I would also like to be a part of the class action lawsuit against Wells Fargo for debiting the lowest check first and charging 4 to 5 $35.00 Fees causing me financial hardship

  • fannie August 26, 2010, 2:32 am

    how do we small people get in on this classaction.

  • phil makela August 28, 2010, 9:32 pm

    Wells Fargo charged me over 700$ on 15 overdrafts. It is a joke. I cant even open a bank account now because of them

    • susan February 7, 2011, 2:09 am

      Complaint, on Fri. the 4th of Feb. I closed my acct. with wells fargo after 20 years.I had an atm/visa/overdraft card. I received a come on letter stating if I would use my credit card I would receive this great incentive $$, so I began using my atm/ visa card for all my purchases. I apparently had a 2 day lag in a deposite and boom it began 2 what would have been bounced checks, good save with my over draft right? Wrong from that point on every time I used my card for purchases I was charged as if it were a cash advance fee. I had my other credit card in my purse and remember the incentive use your card and you will receive $$, I used my card for every thing. Suddenly I received a total of $375 in over draft fees in 6 weeks time. Why? It wasn’t this card it was my other card? Huh? I don’t have another card and they can show that I have ever used it, dang wish I still had the letter. The best they could offer me was to take off 2 of the like dozen or so fees. so I dropped them like a use tampax. It is no wonder they are involved in a lawsuit.

  • norma heavener September 2, 2010, 3:45 pm

    Wells Fargo has been charging me over drafts since 2005

  • colleen clark September 3, 2010, 5:53 pm

    my business act. has been charged over fifteen thousand dollars of over draft fees since 2004. 6k-09 6k-10. i have asked for help and a they are not going to help..me but they ard going to suck my business dry…

  • colleen clark September 3, 2010, 5:59 pm

    Well, 6K in 2008, 6K in 2009, 5K already in 2010.
    4checks a day at 35$ each. I have a merchant credit card act…it takes them 4 days to put the money in my merchant account but they charge my customers that day…so where does the money stay for 4 days?
    My account shows pending deposit yet they are ignored and overdraft fees are applied…Even tho for the past 20 years our batch deposit are deposited daily…they will not work with me…they just keep bounce and charging…I have banked with wells fargo over 50 years!
    They have made up to 2800 $ for overdraft fees a month and I am scum to them…140$ a day several time a week…

  • amy m.fisher September 10, 2010, 1:55 pm

    I have banked with them since 2006, due to my work. they have taken over$5740.00 in the last couple of years. I have direct deposit and they would take the items that are dated for the next day and send them though first, overdrafting each one. The begining of this year the took my whole paycheck.
    This is not cool. hopfully we get our money back.

    • SK April 15, 2011, 7:17 pm

      They did the same thing to me. It forced my account to be closed and has severely affected my credit. I use to complain about this to the bank reps all the time and they were never able to provide any help other than “That’s the way our system works. You should talk with your payroll to see if you can get an earlier deposit.” That doesn’t even make sense as a possible solution.

  • clive September 10, 2010, 9:18 pm

    What is the point of this website if they can not give us any information on the lawsuit. So many of us have been screwed by Wells Fargo and it seems to just a blip in the news here. Would one of the administrators please get some accurate information to us please.

    • N/A September 10, 2010, 9:40 pm

      Clive,

      For more information, you might try contacting the class action lawyers representing the plaintiffs in the Wells Fargo lawsuit at: http://www.mccunewright.com/

  • Lynda P. Hebert November 28, 2010, 3:59 pm

    I am no longer with Well Fargo for the very reason the law suit was filed. Wells Fargo did me an injustice by not posting my cash deposit on the same day of deposit. The purpose of the cash deposit was not to have my account go insufficent fund.

  • dbigwhite February 26, 2011, 11:40 am

    I don’t know if I’m right, but as I read it,
    “complaint reportedly includes the following class members, unless otherwise excluded:

    All Wells Fargo customers from November 15, 2004 to June 30, 2008, who incurred overdraft fees on debit card transactions as a result of the bank’s practice…”
    I would be a part of the lawsuit, with a lot of other people who posted here.
    Is Wells going to track down everyone who is no longer a customer and give them back their money or do we have to put our names on a list somewhere? Are we going to have to prove it with bank records from that time frame?

  • Munazzar Tapal April 8, 2011, 5:36 pm

    Hello,
    Wells Fargo did the same thing to me when they charged me more than $1,100.00 in bank fees by not posting my transactions properly as everyone in this forum is saying but it was in August 2008. I cannot even open an account in any bank as my ‘Overdraft’ by Wells Fargo is posted as $2,400.00!!! I called them and even asked if I can settle this amount but the customer service people in their accounts section are very rude and told me that no you owe all this money and there is no settlement!!! I will consult with a lawyer and definately will want to file a case myself on them.
    Munz.

  • SK April 15, 2011, 7:12 pm

    Unreal… In 2008 Wells Fargo closed my account because of a “delinquent status.” A direct deposit payroll check failed to clear until after all my withdraws were made. I was livid. If they would have deposited the payroll check first then did the deductions there would have been no overdrafts. Instead I had close to 10; all of them from charges no more than overdraft fee itself. This has held me back for years from being able to buy a new car or establish a good line of credit. Thank you for those that fought for this!

    • CM September 15, 2011, 1:07 pm

      I have both my mortgage and an account with WF and find that they not only bounce my account but the repeatedly send my mortage through and add fees to my mortgage for the funds not going through. I am also closing my WF account. The ammount of money that I have lost through building my home through WF and dealing with this bank account is ridiculous.

  • Finally Learned September 17, 2011, 11:17 am

    Just one more example of yet another greedy corporation gauging the unsuspecting and vulnerable customer. WFB is continuing the deceptive practices by resequencing the dates of the debit card charges. WFB’s “Overdraft Protection” program is another con job that gives the bank free license to allow (and to charge) the account to become overdrawn multiple times unless you check your balances daily and use the debit card sparingly.

  • Donna Hayes October 13, 2011, 3:46 pm

    From my poor recollection (3.5 years ago), I had 5 small transactions pending on a Friday, checked my account on Saturday and 3 cleared with 2 still pending. Checked my account on Sunday, no action. Checked my account on Monday and a $100 check I wrote that same weekend that I didn’t think would hit before the 5 smaller transactions, not only hit, but the bank reversed the 3 transactions it had already cleared and bounced all 5 of the smaller transactions.

    Had I known of their thieving business practice, I would have printed out my statements all 4 days to show the activity. They moved the numbers around to benefit them and I was left with a nice fat bill. I went into the branch to tell the manager what happened, but was informed the fees could not be reversed, so I told him I wanted to close my account and he said I could not until the fees were paid and if I did not pay them I would incur a daily overdraft fee.

    Needless to say, I refused to pay the bill and now have a collection agency after me for the money along with their fees! This is effecting my ability to buy a home and I want to fight it, just not sure how. Hate being the “little” man! Any suggestions would be greatly appreciated.

    golfbrat0369@yahoo.com

  • wayne bearden February 9, 2012, 11:38 am

    wells fargo did this to me 2000-2001 creative banking . they got me for $800.00 bucks.it was stealing.how come nobody got a hold of me too tell me there was a class action suit. i want in how do i become a part of rhis suite.i want my money back

  • Ralph Porter May 17, 2012, 7:36 pm

    We are into Wells Fargo for $1000 or more in overdraft fees. Not investigated details yet. Feel like a victim of a banking scam. How do I get in on the suit? Do you have sign something to opt-in or opt-out.

  • Ralph Porter May 17, 2012, 7:39 pm

    We are into Wells Fargo for $1000 or more in overdraft fees. Not investigated details yet. Feel like a victim of a banking scam. How do I get in on the suit? Do you have sign something to opt-in or opt-out?

  • margaret June 10, 2012, 10:30 am

    I have paid over $5000.00 in fees to ‘wells fargo- please let me know how to file a claim.
    thank you

  • maggie June 10, 2012, 12:53 pm

    what if you was with waccovia during the overdrafts and wells fargo took over do i still have a claim?

  • Bill August 6, 2012, 12:23 pm

    Over the last two years, I have been urging them to change their business slogan to “Fees R Us.” They clearly make the most convoluted and confusing rules possible in order to get you to make a mistake and to maximize their fee revenue. BTW, when they make a mistake, they don’t pay a fee to me. I think the bank should change its name to Wells FU. It is really much more descriptive of their attitude.

  • Mad as Hell September 4, 2012, 12:22 pm

    I have been banking with WFB for about 8 years. I have 3 major accounts with them and like many of the stories mentioned above. They have charged me over 2,400.00 in OD fees over the years. In one instance I wrote a check for over 400.00, I kept watching my account to make sure my payment posted. After the 3rd week when the check didn’t post I called the company to make sure they received payment. They then informed me that the received their funds 2 weeks ago and my payment were written down in their books as posted. I then called rip off bank (wells Fargo) and ask them why they haven’t posted the check they informed me that it was in processing. I then proceeded to tell them what I was told by the company and the banker told me it was procedure. Needless to say the check was processed just in time for me to incur 140.00 in NSF fees for small purchases like 5.21, 3.33, and 12.18. Something has to be done about this. There is no way we should sit back and let this keep happing. The only difference between Wells Fargo and a bank robber is at least the banker robber has the balls to tell you they are going to still your money Wells Fargo takes it and try to cover it up

  • NORMA E. HEAVENER October 31, 2012, 4:16 pm

    I would like to join the class action lawsuit against WELLS FARGO i am 66yrs old disable i have banked with them since 2004 or 2005 i have been charged thousand of dollars .i have had to get a direct advance deposit almost every month d/t cover for my over draft I also have a loan that i had to get for my taxes. they informed me when i get through paying the loan i was going to have to pay a balloon amount of $6,000.00.
    thank you
    NORMA E. HEAVENER
    1312 SOUTH RIDGEWOOD CIRCLE
    PHARR ,TEXAS 78577

  • Lizet Hernandez March 7, 2015, 11:46 pm

    I definitely want my money back too. Now I understand why my account kept incurring overdraft fees when I knew I had sufficient funds. I suffered financial hardship because of them. I

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