Frequently Asked Questions

  1. Who is in the Settlement?

    The judge in the case has certified a class for settlement purposes only.

    Generally, the Settlement Class includes all persons whose cell phones Wells Fargo called or texted for account servicing, account collection, or fraud alert purposes, even though they were not Wells Fargo customers at the time of the call(s).

    If you received notice of the Settlement directed to you, then you may be a member of the Settlement Class. But even if you did not receive a notice, you may still be a member of the Settlement Class.

    More specifically, the “Settlement Class” is defined as all persons:

    1. who were users or subscribers to a wireless or cellular telephone service within the United States to which Wells Fargo made or initiated any Call (which includes any text message) using any automated dialing technology or artificial or prerecorded voice technology in connection with the collection or servicing of a mortgage or home equity loan, credit card account, retail installment sale contract for an automobile, automobile loan, overdraft on a deposit account, student loan, or in connection with a fraud alert on a credit card or deposit account, using any automated dialing technology or artificial or prerecorded voice technology;
    2. who were not customers of Wells Fargo at the time of the Call; and
    3. who 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.

    Excluded from the Settlement Class are all persons who elect to exclude themselves from the Settlement Class, the Court and staff to whom this case is assigned, and any member of the Court’s or staff’s immediate family.

    If you are not sure whether you are in the Settlement Class, or have any other questions about the Settlement, read the information below or call the toll-free number 1-877-848-4101.

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  2. What is this lawsuit about?

    This case was brought as a putative class action alleging that Wells Fargo engaged in violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. (“TCPA”), by placing calls or texts using automated dialing technology or artificial/prerecorded voice technology to non-customers. This is just a summary of the allegations. The complaint in the lawsuit is available here, and contains all of the allegations. Wells Fargo denies these allegations; however, in order to avoid the expense, inconvenience, and distraction of continued litigation, the Parties have agreed to the settlement described herein.

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  3. Who represents me?

    In a class action, one or more people or entities called class representatives sue on behalf of people and entities who have similar claims. In this case, Joseph Dunn, Helen Iehl, Albert Pieterson, John Hastings, Windie Bishop, Lisa Barnes, Angela Garr, and Myesha Prather sued Wells Fargo in a representative capacity, and the Court has appointed each of them to be Settlement Class Representatives for all Settlement Class Members in this case.

    The Court also approved McGuire Law, P.C.; Lieff Cabraser Heimann & Bernstein, LLP; and Girard Sharp LLP to be Co-Lead Counsel. Burke Law Offices, LLC; Morgan and Morgan; Skaar & Feagle, LLP; Law Offices of Todd M. Friedman, P.C.; Greenwald Davidson Radbil PLLC; Keogh Law Ltd; Law Offices of Douglas J. Campion, APC; Meyer Wilson Co., LPA; and McMorrow Law, P.C. have been designated as additional counsel for the Settlement Class. If you want to be represented by your own lawyer, you may hire one at your own expense.

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  4. What benefits can I receive from the Settlement?

    Under the Settlement, Wells Fargo has agreed to provide monetary compensation to Class Members who timely submit valid claims. The amount of the checks are not yet known. The total Settlement Fund is $17,850,000.00. The amount of the check you will be sent depends on the number of Class Members who timely submit valid claims, the costs of settlement administration, attorneys’ fees and costs, and an incentive award for the Class Representatives, all of which will be paid from the Settlement Fund. Every Settlement Class Member who submits a timely, valid claim will be sent a check in the same amount.

    Submitting a timely and valid Claim Form is the only way to receive a payment from the Settlement and is the only thing you need to do to receive a payment. Claim Forms are available here. Claim Forms may be submitted online, emailed to the Settlement Administrator at claims@TCPAWellsFargo.com, mailed to the Settlement Administrator at Wells Fargo TCPA Settlement Administrator, P.O. Box 4540, Portland, OR 97208-4540, or over the phone by calling 1-877-848-4101.

    If you timely submit a valid Claim Form, your claim will be paid by a check mailed to you. Claims will only be paid after the Court grants Final Approval of the Settlement and after any appeals are resolved (see FAQ 11). If there are appeals, resolving them can take time. Please be patient.

    If you were to file your own case against Wells Fargo for the violations alleged here, and if you were to prevail in proving the alleged violations, you could recover between $500 and $1,500 per violation, plus you could obtain an injunction limiting future conduct. However, there are delays, risks and costs associated with pursuing your own case. The lawyers from this case will not represent you in a separate case against Wells Fargo, and the TCPA does not provide for attorneys’ fees to prevailing individual plaintiffs. In addition, Wells Fargo has denied that it made any illegal calls or sent any illegal texts to anyone, and Wells Fargo will undoubtedly assert substantial defenses in any separate suit. Although this settlement may provide Class Members with less money than they would obtain if they filed and won their own case, it eliminates the risk of nonrecovery, in most cases provides a recovery more quickly than individual litigation, it costs Class Members no money, and permits Class Members to obtain monetary benefits without the need to go to Court or to file anything other than a Claim Form.

    Note that if you receive a check, you will have six (6) months to cash the check sent to you. If you do not cash the check within 6 months, your check will be void and the funds will be utilized as the Court deems appropriate, including redistribution to other Class Members and distribution to a charitable organization.

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  5. Do I have to pay the lawyers representing me?

    No. Class Counsel will apply to the Court for an award of attorneys’ fees of up to one-third of the Settlement Fund ($5,950,000), plus expenses, for investigating the facts, litigating the case and negotiating the settlement. To date, Class Counsel have not received any payment for their services in conducting this Litigation on behalf of the Settlement Class Representatives and the Settlement Class; nor have Class Counsel been reimbursed for their expenses directly relating to their representation of the Settlement Class. Class Counsel will also request the Court to award an incentive award of up to $15,000 to each Class Representative in recognition of their service to the Settlement Class. The amount of any fee or incentive award will be determined by the Court. Class Counsel’s contact information is as follows:

    Class Counsel
    Evan M. Meyers
    MCGUIRE LAW, P.C.
    55 W. Wacker Drive,
    9th Floor
    Chicago, IL 60601
    phoneIcon 1-312-893-7002
    emailIcon emeyers@mcgpc.com
    Jonathan D. Selbin
    LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
    250 Hudson Street, 8th Floor
    New York, NY 10013
    phoneIcon 1-212-355-9500
    emailIcon jselbin@lchb.com
    Daniel C. Girard
    GIRARD SHARP LLP
    601 California Street
    Suite 1400
    San Francisco, CA 94108
    phoneIcon 1-415-981-4800
    emailIcon dgirard@girardsharp.com
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  6. What am I agreeing to by remaining in the Settlement Class?

    Unless you exclude yourself, you will be part of the Settlement Class, and you will be bound by the release of claims in the Settlement. This means that if the Settlement is approved, you cannot sue, continue to sue, or be part of any lawsuit against Wells Fargo or the other Released Parties asserting a “Released Claim,” as defined below. It also means that the Court’s Order approving the Settlement and the judgment in this case will apply to you and legally bind you.

    The “Released Claims” that you will not be able to assert against Wells Fargo or the Released Parties if you remain a part of the Settlement Class are as follows: any and all claims causes of action, suits, obligations, debts, demands, agreements, promises, liabilities, damages, losses, controversies, costs, expenses and attorneys’ fees of any nature whatsoever, whether based on any federal law, state law, common law, territorial law, foreign law, contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or declaratory ruling), common law or equity, whether known or unknown, suspected or unsuspected, asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, as of the date of the Final Approval Order, that arise out of or relate to the Released Parties’ use of an “automatic telephone dialing system” or “artificial or prerecorded voice” to contact or attempt to contact Settlement Class Members on a wireless or cellular telephone in connection with the collection or servicing of a mortgage or home equity loan, credit card account, retail installment sales contract for an automobile, automobile loan, overdraft on a deposit account, student loan, or, in connection with a fraud alert on a credit card or deposit account during the Class Period. Notwithstanding the above, claims arising from any Call to the extent it had a telemarketing purpose are not released. Nothing in the Settlement shall be construed to limit a Settlement Class Members’ rights to contact, in any way or for any purpose, any state or federal agency regarding the activities of any party.

    “Released Parties” means Wells Fargo and each of its respective past, present and future parents, subsidiaries, affiliated companies and corporations, and each of their respective past, present, and future directors, officers, managers, employees, general partners, limited partners, principals, insurers, reinsurers, shareholders, attorneys, advisors, representatives, predecessors, successors, divisions, assigns, or related entities, and each of their respective executors, successors, and legal representatives, and also includes the following entities that placed calls or texts on Wells Fargo’s behalf: Genesys, FICO Customer Communication Services, mBlox, Inc., CLX Communications, and Sinch.

    “Related Actions” mean Pieterson, et al. v. Wells Fargo Bank, N.A., No. 17-cv-02306 (N.D. Cal); Hastings, et al. v. Wells Fargo Bank, N.A., No. 17-cv-03633 (N.D. Cal.); Barnes, et al. v. Wells Fargo Bank, N.A., No. 18- cv-06520 (N.D. Cal.); and Garr, et al. v. Wells Fargo Bank, N.A., No. 18-cv-06997 (N.D. Cal.).

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  7. What if I do not agree with the Settlement?

    If you are a member of the Settlement Class, you may object to the Settlement or any part of the Settlement that you think the Court should reject, and the Court will consider your views. To object, you must send your objection to the Settlement Administrator, Class Counsel, and Wells Fargo’s Counsel providing:

    1. the case name and case number(s) of this Litigation (Prather, et al. v. Wells Fargo Bank, N.A., No. 17-CV-00481);
    2. your full name, current address and phone number;
    3. the phone number at which you allegedly received a phone call or text message from Wells Fargo;
    4. the reasons why you object to the Settlement along with any supporting materials;
    5. the identity of any lawyer who assisted, provided advice, or represents you as to this case or as to your objection; and
    6. your signature.

    Your objection must be postmarked no later than November 13, 2019. Objections must be mailed to:

    Settlement Administrator Plaintiffs’ Counsel Wells Fargo’s Counsel
    Wells Fargo TCPA Settlement Administrator
    P.O. Box 4540
    Portland, OR 97208-4540
    Eugene Y. Turin
    MCGUIRE LAW, P.C.
    55 W. Wacker Drive, 9th Floor
    Chicago, IL 60601
    Rebecca S. Saelao
    SEVERSON & WERSON
    A Professional Corporation
    One Embarcadero Center
    Suite 2600
    San Francisco, CA 94111
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  8. How do I exclude myself from the Settlement?

    If you want to exclude yourself from the Settlement Class, sometimes referred to as “opting-out,” you will not be eligible to recover any benefits as a result of this Settlement. However, you will keep the right to sue or continue to sue Wells Fargo on your own and at your own expense.

    To exclude yourself from the Settlement Class, you must send a letter to the Settlement Administrator identifying:

    1. the name and case number of this lawsuit (Prather, et al. v. Wells Fargo Bank, N.A., No. 17-CV-00481);
    2. the phone number at which you received a phone call or text message from Wells Fargo;
    3. your full name, current address, and telephone number;
    4. a statement that you wish to exclude yourself from the Settlement Class; and
    5. your signature.

    If you wish to exclude yourself, you must submit the above information to Wells Fargo TCPA Settlement Administrator, P.O. Box 4540, Portland, OR 97208-4540, postmarked no later than November 13, 2019.

    Requests for exclusion from the Settlement Class that are not postmarked or submitted online on or before November 13, 2019 will not be honored.

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  9. What is the difference between objecting and excluding myself?

    Objecting is simply telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object to the Settlement because it no longer affects you

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  10. What if I do nothing?

    You will remain a member of the Settlement Class. However, you must timely submit a Claim Form in order to receive a cash benefit in this Settlement. See FAQ 4.

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  11. What will be decided at the final approval hearing?

    The Court will hold a hearing to decide whether to approve the Settlement and any requests for fees, expenses, and incentive awards (“Final Approval Hearing”). The Final Approval Hearing is currently set for December 10, 2019 at 12:30 p.m., at the United States District Court for the Northern District of Illinois, Eastern Division, located in Courtroom 1919, 219 South Dearborn Street, Chicago, IL 60604. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check the website and the Court’s docket for updates.

    At the Final Approval Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the request by Class Counsel for attorneys’ fees and expenses and for the Class Representatives’ incentive awards. If there are objections, the Court will consider them at the Final Approval Hearing. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.

    You may attend the hearing, at your own expense, but you do not have to do so. You cannot speak at the hearing if you exclude yourself from the Settlement.

    You may ask the Court for permission to speak at the hearing. To do so, you must send a letter saying that you intend to appear and wish to be heard. Your notice of intention to appear must include the following:

    1. the name and case number of this lawsuit (Prather, et al. v. Wells Fargo Bank, N.A., No. 17- CV-00481);
    2. your full name, current address and telephone number;
    3. the phone number at which you allegedly received a phone call or text message from Wells Fargo;
    4. a statement that this is your “Notice of Intention to Appear” at the Final Approval Hearing for this lawsuit (Prather et al. v. Wells Fargo Bank, N.A., No. 17-CV-00481), along with copies of any papers, exhibits, or other evidence or information that you will present to the Court;
    5. the reasons you want to be heard; and
    6. your signature.

    You must send copies of your notice of intention to appear, postmarked by November 13, 2019, to:

    Clerk of the Court Plaintiffs’ Counsel Wells Fargo’s Counsel
    Everett McKinley Dirksen United States Courthouse
    219 South Dearborn Street
    Chicago, IL 60604
    Eugene Y. Turin
    MCGUIRE LAW, P.C.
    55 W. Wacker Drive, 9th Floor
    Chicago, IL 60601
    Rebecca S. Saelao
    SEVERSON & WERSON
    A Professional Corporation
    One Embarcadero Center
    Suite 2600
    San Francisco, CA 94111
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  12. Does this website contain the entire Settlement Agreement?

    Yes. This is only a summary of the Settlement. If the Settlement is approved and you do not exclude yourself from the Settlement Class, you will be bound by the release contained in the Settlement Agreement, and not just by the terms of this Notice. Capitalized terms in this Notice are defined in the Settlement Agreement. You can view the full Settlement Agreement here, or you can write to the address below for more information.

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  13. Where can I get more information?

    For more information you may call the Wells Fargo TCPA Settlement Administrator at 1-877-848-4101, or you may contact Class Counsel as set forth in FAQ 5.

    PLEASE MONITOR THE WEBSITE FOR UPDATES AND OTHER IMPORTANT INFORMATION.

    NOTE: PLEASE DO NOT CALL OR WRITE THE COURT, THE COURT CLERK’S OFFICE, WELLS FARGO, OR WELLS FARGO’S COUNSEL FOR MORE INFORMATION. THEY WILL NOT BE ABLE TO ASSIST YOU.

    If you have questions, please call 1-877-848-4101

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