Wells Fargo TCPA Settlement

IF YOU RECEIVED AN AUTOMATED PHONE CALL OR TEXT MESSAGE FROM WELLS FARGO BANK, N.A., BUT WERE NOT A WELLS FARGO CUSTOMER, YOU MAY BE ELIGIBLE FOR A CASH PAYMENT FROM A CLASS ACTION SETTLEMENT.

A settlement has been reached in a class action lawsuit against Wells Fargo Bank, N.A. (“Wells Fargo”). The lawsuit, Prather, et al. v. Wells Fargo Bank, N.A., No. 17-CV-00481 (N.D. Ill.), involves claims that Wells Fargo violated federal law by making automated phone calls and texts to non-customers’ cell phones without those persons’ permission. The individuals who brought the case allege that Wells Fargo violated the federal Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. (“TCPA”) by sending calls and text messages using automated dialing technology or artificial/prerecorded voice technology to non-customers’ cell phones without those individuals’ prior express consent. Wells Fargo denies Plaintiff’s allegations and denies that it did anything wrong. The Court has not decided who is right.

You may be entitled to compensation from this Settlement if you received one or more automated telephone calls or text messages on your cellular phone from Wells Fargo, you were not a customer of Wells Fargo at the time of the call, and you were called:

1. between January 20, 2013 and July 10, 2019 for Calls placed in connection with automobile loans or fraud alerts on credit cards or deposit accounts;
2. between September 18, 2014 and July 10, 2019 for Calls placed in connection with credit card accounts;
3. between December 20, 2015 and July 10, 2019 for Calls placed in connection with student loans or overdrafts on deposit accounts;
4. between March 1, 2016 and July 10, 2019 for Calls placed in connection with mortgages or home equity loans; or
5. between April 1, 2016 and July 10, 2019 for Calls placed in connection with retail installment sale contracts for automobiles.

The proposed Settlement provides for a fund totaling $17,850,000.00, which will be used to make payments to the class members after first making deductions for notice and administration costs, incentive awards to the class representatives, and attorneys’ fees for class counsel.

The Court in charge of this case still has to decide whether to approve the Settlement. If it does and any appeals are resolved, benefits will be distributed to those who timely submit claims and qualify.

Please be patient.

Your Legal Rights and Options

SUBMIT A CLAIM	This is the only way to receive a payment from the Settlement. Class Members who submit a valid claim form by the deadline of December 23, 2019 will receive a cash payment and will give up certain rights to sue the Released Parties as described in FAQ 4 and FAQ 6.
DO NOTHING	If you do nothing, you will receive no money from the Settlement, but you will still give up your rights to sue the Released Parties as described in FAQ 6 and FAQ 10.
EXCLUDE YOURSELF FROM THE CASE	If you exclude yourself, you can sue the Released Parties on your own and at your own expense regarding the automated phone calls and texts released under this Settlement, but you will not receive a payment from the Settlement. The deadline for excluding yourself is November 13, 2019. See FAQ 8.
OBJECT	You may file an objection if you wish to object to the Settlement. The deadline to object to the settlement is November 13, 2019. See FAQ 7.
GO TO A HEARING	Ask to speak in Court about the fairness of the Settlement. The Court has set a hearing for December 10, 2019 at 12:30 p.m., subject to change. See FAQ 11.

These rights and options—and the deadlines to exercise them—are explained on this website.