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Wells Fargo, Hyundai Motor Finance TCPA Class Action

By Sarah Pierce

Wells Fargo
A class action lawsuit claims Wells Fargo Dealer Services and Hyundai Motor Finance harass consumers with months of automatically dialed, unsolicited calls to their cell phones to collect debts, in violation of the Telephone Consumer Protection Act (TCPA). 
Plaintiff Kevin Wesely Dobbs says in the class action lawsuit that Wells Fargo and Hyundai Motor Finance “engaged in a months-long pattern of deliberate harassment” by calling his cell phone every day, and oftentimes multiple times a day, to collect an alleged debt. 
Dobbs claims even though he told Wells Fargo and Hyundai Motor Finance not to call him on his cell phone, “Defendants’ collection agents continued to honey badger” him with more than 40 calls in an obvious “intent to harass” Dobbs, claims the class action lawsuit.
“Each of these calls was placed to Plaintiff’s cellular telephone, without his express permission, by means of an automatic dialing system,” the class action lawsuit states. This is in violation of the TCPA, which prohibits the use of autodialers to make any call to a wireless number unless it is an emergency or there is prior express consent of the dialed party.
The class action lawsuit is brought on behalf of all persons in the United States who have received calls from the Defendants on their cell phones via auto dialing devices without express permission over the past 4 years. It is seeking damages and statutory penalties of $1,500 per violation if it can be proved that the Defendants knowingly made the calls in violation of the TCPA. If intentionality cannot be proved, the class action lawsuit is seeking $500 per violation.
A copy of the Wells Fargo, Hyundai Motor Finance TCPA Class Action Lawsuit can be read here.

The case is Kevin Wesely Dobbs v. Wells Fargo Bank, et al., Case No. 37-2012-00050425-CU-BT-NC, Superior Court of the State of California, County of San Diego.

 

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Updated February 20th, 2012

 

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29 Comments

  • David Tingle February 28, 2013

    Yes this is for real, my husband is computer illiterate when it comes to computers, hence the email address in my name. Wells Fargo also screwed us when we refinanced our car. They changed the payment date. The date was previously set to coincide with my check, every third Wednesday of the month. To make matters worse the late fee went from $5.00 to $39.00. When I buy a big ticket again it will stay where is if Wells Fargo has anything to do with the financing.
    Mr. David &Mrs. Sherry Tingle

  • cori March 1, 2013

    so very true with the harrassment!!

  • Rosylin Pyles March 1, 2013

    They got me with my house.. I had my own land and i want to build a house on it. Well i told them i would like for my payment to stay around 800.00 to 900.00 dallors because i’m a single mother and i knew i could afford a payment in that price range. Well the day of the closing i walk out of there with a 1700.00 dollar house payment.. I’ve been going through a big fight to get this correct and its still not handle. I really dont know what to do now..

  • Rob March 1, 2013

    Yep, they will rip you off any chance they get. I was a loyal mortgage customer for several years and went through them for a consolidation loan and WOW the intrest rate was through the roof. You would think they could do something for an established customer. So I look for another mortagage co, refinanced and moved on saving hundreds per month.

  • dollie terrell March 1, 2013

    my payment was set-up from day one to be paid the 16th of the month.but each 1st of the months I get many calls on cell andland-line call let me no my payment is due.

  • Myrta March 2, 2013

    Wells Fargo charged me three times, what the car is worth and when I finish paying off the car. They did not report the full amount of money they had me pay for the car. Also, lied to the credit agencies on the type of loan. therefore, this impacted my credit report. Please advise. and they called my cell phone, work, and home.

  • Rob March 2, 2013

    Was financed through WF for years. Horrible interest rate due to my credit. But after even my credit score reaching 800, no refinance. Took my business to a bank, shortened my loan, lowered my payment by more than 100.00 and swore id never do business with them again. Except for this.

  • Rob March 2, 2013

    …and was called numerous times at work, home, and cell.

  • ALICE WILLIAMS March 2, 2013

    There was nothing but harassment towards my husband on his job.

  • Reg Webster March 3, 2013

    We were called numerous times while we were at work

  • La Keisha Cortorreal March 3, 2013

    I would tell people I learned from my mistake by dealing with Wells Fargo & I would even advise my worst enemy not to deal with them!!!!!!! :(

  • ROY INGRAM March 3, 2013

    i had bad transactions with wells fargo also would call my cell phone all hours of the day even on the weekends

  • Susan Gay March 5, 2013

    I was called so many times i would have to turn my phone off I traded my car in with just a few payments left just to get away from wells fargo i would never due another loan with them

  • Eddie Bridges March 5, 2013

    I am signing up for the Wells Fargo law suit. I was called on my cell phone.

  • Joseph Henry March 5, 2013

    When I applied for a mortgage loan,Wellsfargo paid some of my debts off including a car I had financed w/ toyota motors. Ifell behind in (2) payments and wells fargo reposssed the car after paying notes for over (4) yrs. Now they are still writing and calling my home telling me I owe $11,000 for the car they took away.A car I bought in 2002. They are really ridiculous !!!!

  • Gary & Lena Kinder March 5, 2013

    They called my husbands work at home on cell they was so rude we bought a ford van through them paid 140000
    00. on it they made it hard to pay for this they raised the payment & they even raised the % on it . stay away from them do not do any financing with them.

    Gary & Lena Kinder

  • ursula green March 5, 2013

    I finance a car, from Graves Chevrolet. I was called everyday about a cr note that interests rates kept changing. They called on Sunday mornings. The calls some time early morning or late evenings.

  • Steve Barenbaum March 6, 2013

    I bought a 2007 pontiac gran prix car from Barberino nissan through wells fargo I became disabled and not able to work there was supposed to be a ins with the loan incase of job loss injury the loan would be paid that did not happen and was severely harrassed calls to home cell work all told not to and was in contact back and forth not just ignoring them yet the calls kept coming until volentary repo they resold vehicle

  • Anthony Cowan March 7, 2013

    They got me with a 2006 Intrepid so I can completely understand where #18Steve Barenbaum is coming from. Its almost as if our experiences are one in the same. I too bought a vehicle financed through Wells Fargo and eventually volunteered repossesion bc I could no longer make the payments due to a job loss. I tried to explain but even after the repossesion I was continually called and ensured that the calls would persist. Im with Steve, What happened to that vehicle insurance that was supposed to cover us in such an event? They also resold the vehilce in our case.

  • Patrick Hall March 7, 2013

    My wife and I have a mortgage through Wells Fargo but not by our choice. Wells Fargo bought the loan from the previous bank. We tried doing a loan modification through them and it was the biggest nightmare ever. We now receive multiple recorded harassing phone calls a day on both my cell and our house phone.

  • Rick Quinn March 9, 2013

    the day the payment was due they were calling 4 to 6 times a day. Even if you posted it on line they were still calling.

  • monica March 11, 2013

    i was getting calls wen i was out of service for my job.id have 3 or more 2 minute calls from wells fargo that i couldnt answer.which i was charged for.according to my allowable minutes by my cellular phone company.

  • rossierobinson March 18, 2013

    they were ridicoulous 4 and 5 times a day just harrassment.i even was told they were comingto get my car.im glad the phone calls are over.

  • pansy buzhardt March 20, 2013

    I had a very nice originator. We refinanced our Morgtgage but we kept getting calls saying the payment was late when we had just refinanced with them and used the closing attorney they recomended. There apparently was a delay in the closing and it being posted. Not only was the man who called very every,very rude and hateful. He was actually THREATENING.I continued to try and tell him that they were in control of the closing and held the docs,surely he could see that there had been a closing. If I had known the level of stress a simple refinance would have caused I would never have entered into business with Wells Fargo. I did call my originator who gave me a phone number to report this “threatening” behavior. The people at corporate were infact supportive and they said they documented and identified the culprit. I believe I may have gotten an e-mail about his attitude. I did eventually get resolved but not without a lot of stress.!!!!
    It was some pretty egregious behavior.! The representaive that I spoke with wouldn’t even listen to the facts I gave him on the phone. It was a nasty experience and I would not use Wells Fargo again.

  • Sylvia Camacho April 2, 2013

    I woud like to submit my name because I was reached time and time, it was a nightmar`=!

  • constance guion April 13, 2013

    wells fargo representatives constantly made calls all hrs of the day. i told them to come and pick up the car. they didn’t want the car. they wanted the money. made arrangements found out the representatives was not applying the money. a representative told me if i couldn’t afford the car i couldn’t have purchased it. contacted the company to tell i was unable to work they did not document t he conversations. harrassment was their big thing. mean and rude representatives i had ever run upon. calls were made to my home, work, and cell.

  • Sarah April 17, 2013

    Wells Fargo tend to practice despicable practices. They came to get the car, and I ended up with a broken arm!!!

  • Lyle Klescich April 21, 2013

    I had a simple affordable mortgage until wells fargo bought the loan from the pervious company. My payment and interest rate went crazy high threw the roof they wanted 1900.00 a month payment that is totally unacceptable i tried to get a home modification loan after 3 months of filling faxing sending emailing searching for documents digging out yrs of tax returns paystubs they contacted me and said i dont qualify when i asked what else can i do they said sell the house. so after almost 20 years with my home i had to sell it taking a huge loss on the price and just barely paying off wells fargo. they are the worst rudest harassing uncooperative company ever, if i need a loan for a home or anything again and i’m told well fargo is my only option I’LL LIVE UNDER A BRIDGE FIRST.

  • Greg Goff April 24, 2013

    Presently have car financed through wells faego crazy interest rate been paying 368.17 on 14,000 for four and a half years and statement says i still owe around 8,000.00 with economy being as is have had employment problems but have got several rude calls

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