Wells Fargo – Alleged Calls to Cell Phones Without Express Consent

Kehoe Law Firm, P.C. is making consumers aware that a class action lawsuit was filed against Wells Fargo Bank, N.A. (“Wells Fargo”) on November 19, 2018 in United States District Court, Northern District of California, San Francisco Division, “for damages and other equitable and legal remedies from [Wells Fargo’s alleged] violation of the Telephone Consumer Protection Act.” Allegedly, “Wells Fargo has repeatedly called Plaintiff[‘s] . . . cellular phone concerning a mortgage loan that does not belong to [Plaintiff].  Wells Fargo used an automatic telephone dialing system . . . and an artificial or prerecorded voice to make these calls.”

The class action complaint alleges that the Plaintiff

. . . has never had a customer or borrower relationship with Wells Fargo and has never consented to receive calls from Wells Fargo.  Plaintiff informed Wells Fargo that it has the wrong number when it called [Plaintiff], and [Plaintiff] has asked Wells Fargo to stop calling her.  Wells Fargo, nevertheless, continues to make calls to her without her consent. 

Additionally, according to the complaint, the calls to Plaintiff’s cellular telephone occurred “repeatedly over the course of the past two years,” “pertain to a mortgage loan,” and “were intended for a man whom Plaintiff does not know and has never met.” The “Plaintiff did not provide her cellular telephone number to Wells Fargo and never provided express consent for Wells Fargo to call her about someone else’s mortgage or any other subject matter.”

The class action complaint defined the class as follows:

Each person within the United States who, on or after March 1, 2016, (1) received a non-emergency call to his or her cellular telephone; (2) from Wells Fargo; (3) through the use of an ATDS [Automatic Telephone Dialing System] and/or an artificial or prerecorded voice; (4) in connection with an existing or prospective Wells Fargo mortgage loan product; and (5) who did not have an existing customer relationship at the time of the calls or had a past relationship but had expressly withdrawn consent to be contacted by such means.

Do You Believe You Are a Victim of Illegal Robocalls, Text Messages, “Junk” Faxes or Telemarketing Sales Calls?

If you have received illegal robocalls, text messages, “junk” faxes or telemarketing sales calls, you may be able to recover at least $500 for each illegal call, text or fax you received and, possibly, as much as $1,500 for each illegal call, text message or facsimile that was made either willfully or knowingly in violation of the Telephone Consumer Protection Act.

To help evaluate your potential legal claims under the Telephone Consumer Protection Act, please complete KLF’s confidential Robocall Questionnaire or, if you prefer to speak with an attorney, please complete the form above on the right, e-mail [email protected] or contact Michael Yarnoff, Esq., [email protected], (215) 792-6676, Ext. 804, for a free, no-obligation evaluation of your potential legal rights.

Kehoe Law Firm, P.C.