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Indybay Feature

Got Wells Fargo? They've got a pending class action lawsuit on them for greedy practices

by Class Plaintiff
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.

criminalbank.jpg
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.
§B of A Sux Too
by Former Account Holder
I opened an account with a credit union. What got to me was the savings account I opened with B of A. I wasn't told about penalties for making transfers from savings to checking, at least it wasn't clear. I am paying $18.00 for making tiny transfers. I felt there should have a warning-an alert or the transfers in red on the account details page after you go over the limit (three per month). Basically I don't want my money making people I don't know, rich. I now have an account with a credit union which I feel is sound and safe.
§I got about $600 worth in "fees" written off because of this same SCAM!
by Fight sketchy bank practices!
I did some research & found out this EXACT scam when I was a customer of Citizens Bank in Boston. I noticed that things were being charged, regardless of the date or time of transaction (date: if it was done over the weekend or holiday), in the order of the largest amount first & trickling down to the smallest...thus, making what would have been only 1 or 2 overdrafts into a good dozen or so (some of $3 purchases etc.) at $30-35 a pop. I was outraged & marched into my bank & exposed their little TRICK. I went in totally civil but adamant about them removing the charges as it was a dishonest practice & have been telling people about the SCAM ever since then. It happens at WFB, Citizens Bank, B of A, & I'm sure other banks have caught onto this scam that takes advantage of people already living on too little. I fought & got ALL of the charges reversed once they realized I caught on to their scheme & the bank workers could give me no valid explanation & were actually a little embarrassed. It's a deplorable practice that goes unnoticed by most people & makes the already money-drunk banksters even richer. Sick sick sick.
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