Consumer complaint received 2023-03-23
Company: WELLS FARGO & COMPANY
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem caused by your funds being low
Sub-issue: Non-sufficient funds and associated fees

Complaint:
Third in a series of related complaints against Wells Fargo # 1 filed with CFPB on XX/XX/XXXX Complaint # XXXX # 2 filed with CFPB on XX/XX/XXXX Complaint # XXXX # 3 filed with CFPB on XX/XX/XXXX Complaint # to be assigned. 
The following is an absolutely true, verifiable report of Wells Fargo 's repeated, intentional, deceptive, criminal efforts to manipulate factual history by altering, manipulating, and inventing banking records, after the reported events had already occurred ( after-the-fact ), in an effort to.improperly and illegally profit from their banking clients, to create vicious circumstances to justify these deceptions as accurate, and to hide these deceptions from overseeing agencies, such as the CFP Relevant Historical Events between myself and Wells Fargo : In addition to the millions of false bank accounts and credit card accounts that WF created without the knowledge of their clients/account holders, for which WF received record fines and was required to pay penalties to these individuals and to the federal government - WF has engaged in other forms of deception and manipulation of banking records to profit from their clients.

I would argue that much of WF entire business model is designed to profit from the falsification of its banking records and theft of the assets entrusted to them by consumers. 
I have already received two payments in compensation for Wells Fargo violations, nearly {$5000.00} in {$2000.00} and nearly {$400.00} in XXXX. 
These payments were for two independent causes, though the basis for the payments overlaps. 
Wells Fargo violated the Americans with Disabilities Act by creating 'mini-branches ' that were structurally deficient. They did not provide any option for seating of individuals with physical  disabilities that made prolonged standing impossible, or difficult, and painful. 
The factual circumstances of the second violation is directly relevant to my current complaint. It provides undeniable proof that these current violations were absolutely intentional.and part of a systematic program to defraud and steal from its depositers by the manipulation of banking records and creation of entirely fictitious banking records, in an attempt to change established, factual events, after-the-fact. 
Beginning in XXXX, Approximately XXXX, Wells Fargo engaged in a series of intentionally fraudulent actions with my WF checking account. 
As I would make deposits to my account and later, make purchases that drew from these fund, Wells Fargo began to change the order of historical events, to create a fiction. Well after deposits were made and transactions comp! eyed - all of which utilized only available funds- never in excess of available funds- WF would later change the banking record - reversing the order of transactions ( debits ) and deposits ( credits ). 
In doing so, Wells Fargo created artificial Overdrafts in which funds were drawn in excess of available balance- before those funds were provided. 
At the tine, I reported these events to several agencies, including the Consumer Financial Protection Bureau. You should have a record of these complaints. Fortunately, as I have in the current circumstances, I had " screenshots '' - a digital photo of the current presenting screen on a computer - capturing a record or communication at a given time. In effect, it is a photograph of a transaction as it was reported at that time. 
My screenshots proved that on least ten separate occasions, Wells Fargo reversed the order of my deposits and transactions to create a negative balance and charge me excessive overdraft fees. My screenshots clearly showed the transactions as they occurred and later, they showed the same banking records, intentionally manipulated by Wells Fargo. 
These criminal acts are a matter of historical record and Wells Fargo was subject to and found guilty of these same actions to innumerable account holders in many states across the USA. 
I just happened to be one if those victims.

You would think that after record fines, WF would have learned their lesson but as I've communicated in prior communications with the CFPB, this behavior is integral to WF 's business model and only when penalties are greater than profits and executives are given prison time, will this criminal behavior cease.

Current Events between myself and Wells Fargo : This is the third of individual but entirely connected complaints by myself against WF with the Consumer Financial Protection Bureau. 
Since these complaints each require individual cause to be considered XXXX complaints, they can be distinguished as follows : These events concern my Wells Fargo Social Security XXXX, direct deposit account and associated Visa debit/checking account. 
1. Complaint 1 - WF processed two transactions that I made with XXXX. Both transactions did not clear XXXX 's system, meaning on neither transaction was I able to complete the purchase I was making. I communicated with XXXX about this trouble with their online system, they acknowledged the problem and I made alternate arrangements. 
Despite these transactions not going through XXXX, WF put them both through as pending transactions. 
Prior to this, I had made a deposit of over {$1000.00}. I then transferred {$690.00} for a transaction to XXXX. There were several XXXX dollars remaining in my account On XX/XX/XXXX, I attempted the two transactions with XXXX. The online website for XXXX reported that the transaction failed. I attempted the transaction again. It also failed. 
Nonetheless - WF put both transactions through my account - despite XXXX 's system - clearly rejecting both transactions.While these two charges were pending, I waited for them to 'drop ' from my account when WF had realized its error. Although it is quite likely that as XXXX 's system rejected the transaction, WF 's system should have responded in kind - unless their system was negligently faulty or there was intention by WF from the start, to falsify my transaction records.

While these two charges were still pending, WF charged me {$35.00} for an overdraft fee. 
As stated, after my {$1000.00} deposit and {$690.00} transaction to XXXX, there were my balance was positive. However, WF used these still pending transactions- improperly or mistakenly debited from my account- and created a negative balance, which they used to justify my overdraft fee. 
As far as I know, pending transactions can not be used as the basis of an overdraft fee until it clears the account. This is especially true for transactions that were never approved by the merchant ( XXXX ). 
I reported this impropriety to WF. 
Their email response on XXXX, was that I had one day grace period to pay the overdraft, which had resulted in a negative balance Following this, WF then dropped the pending XXXX transactions, made without XXXX 's consent, from my record. However, they retained the {$35.00} overdraft fee. 
I emailed and stated that they couldn't charge me an overdraft fee for a negative balance created by improperly processed, pending transactions, since withdrawn from my account. 
Their response by email, was the first ( in this current event ), unquestionably, intentionally, falsified banking record. It stated that it was mot the pending XXXX charges that created a negative balance and resulted in this overdraft fee. 
I emailed WF and called them a liar. I provided screenshots to prove there were sufficient funds in my account before and after the XXXX transaction. 
*** First complaint filed with the CFPB on XX/XX/XXXX XXXX Complaint # XXXX I accused WF of intentionally and fraudulently manipulating my banking record to create a false overdraft circumstance from pending and withdrawn charges. 
I then received another email from WF - once again willfully, criminally, manipulating the existing bank records. Since I had provided screenshots that proved I had sufficient funds to cover the XXXX transaction, and the negative balance was the result if debiting my account for the improperly processed and pending XXXX charges - that had since been withdrawn from my record. 
The next part is almost too incredible to believe if it were not for the absolute evidence and their established history of this exact form of deception. 
WF - days after the pending XXXX transactions had dropped from my bank record. After they claimed it was my XXXX transaction that caused the overdraft, after I emailed WF and stated : a. pending and withdrawn charges can not be the basis for an overdraft fee I attached : b.screenshot proof that the XXXX transaction could not have resulted in a negative balance and caused an overdraft fee because there were sufficient funds before and after the transaction. 
Wells Fargo responded with further deception and newly fictitious bank records. 

WF NOW took the further step of justifying the overdraft and more importantly, hiding their previously manipulate banking records - BY REINSTITUTING THOSE SAME TWO XXXX CHARGES - that had been pending and DAYS AFTER THEY HAD BEEN WITHDRAWN. 
ONCE AGAIN- they created a fictitious banking record, after the fact. 
This time, it attempted to establish that the original two XXXX charges were not only valid charges made by XXXX on XXXX - despite neither transaction being successful and despite XXXX apologizing for my inability to make these transactions, WF NOW CLAIMED - that both XXXX transactions were valid - AND WERE NEVER PENDING - that both transactions actually cleared my account back on XX/XX/XXXX. 
With this new rationale, my overdraft charge was no longer the result of a XXXX transaction for which I had proved there were available funds- and it was not the result of PENDING and WITHDRAWN XXXX charges. 
NOW - The overdraft was valid because it was the result of valid XXXX charges that cleared when they were first made on XXXX and created a negative balance. 
*** Second complaint with the CFPB on XX/XX/XXXX Complaint # XXXX ... on the basis that they had reconstituted false previously withdrawn charges AND were using that as the basis for my overdraft fee. 
Following this, over the next few days, these are the latest events. I told XXXX that WF had twins figured the charges. 
XXXX again acknowledged that WF had processed charges days after the fact, charges that they never approved. They told me they would try and get the charges reversed. In the interim, I heard from WF by email stating that they needed mire time to resolve the matter. 

Meanwhile, WF then, once again, reversed itself, creating new fictitious banking history, by " provisionally '' dropping those two XXXX charges from my account. 
However, they refused to remove the original overdraft charge. 
I then received several communications from XXXX and requested that they involve their legal department and conduct their own investigation. Unfortunately, XXXX, was unwilling to deal with WF ( I can't really blame them ). 
XXXX decided to just pay me for those two charges that WF had re-instituted. However, they paid me thus money before WF had again removed these charges from my account.

Thus - I now have two payments from XXXX for transactions that never occurred the direct result of Wells Fargo is manipulation and creation of banking records, after the fact. 
Today, XX/XX/XXXX I received a letter from Wells Fargo. 
They claimed they had resolved the matter and stated I needed to contact them by XX/XX/XXXX and notify them if I wasn't satisfied, they would consider the matter settled and closed. 
They claimed they had resolved the situation- though no such resolution exists and even if it did, this has become much, much more than a banking error. 
1. I have received payments from XXXX for services that I never purchased, as a result of WF 's deceptions. I have no idea what the legal status of those funds is.

2. The original overdraft fee was never removed from my account.

What nerve, what gall WF has. So sure of its ability to abuse and defraud its consumers. 
On XXXX called the number provided. They didn't even provide a contact person, just the requirement that I call XXXX. 
I made my call on XX/XX/XXXX between XXXX XXXX PT. I asked for a Supervisor. I asked for his employee identification number. 
He flatly refused. All I could get him to state was that his name was XXXX and he was in N. Carolina. He was rude and borderline abusive. He kept interrupting me. 
I said, " Fine. Whether you take note or not, I can honestly say that I called you at WF on this date and time, provided the WF claim # XXXX and stated that the matter was very much not resolved and that I would be making a third complaint to the Consumer Financial Protection Bureau. 
I, a XXXX  XXXX individual having previously had funds, stolen from me through Wells Fargo 's intentional deception and manipulation of my banking records- for which I received two separate financial settlements from Wells Fargo. 
Once again, Wells Fargo is making my already impaired life that much more difficult and is stealing what very, very limited funds. In fact, this WF account is not only a direct deposit for social security XXXX ( XXXX ) payments but also for supplemental security income ( SSI ) payments. 
Restitution is not restoring my account to its prep manipulated state. Restitution is a heavy federal fine and a substantial payment to myself for the misery and hardships they have caused me - not once but twice. 
Unless you hold WF accountable and require that they compensate me for these abuses, you are telling them in no uncertain terms that there are no repercussions for defrauding their customers and in my circumstances, REPEATED defrauding me, an individual more susceptible to harm than most, on Permanent XXXX with an income that requires additional federal assistance. 
You are telling WF that there are no negative consequences to manipulating and fabricating a federal direct deposit account. You are telling Wells Fargo that it is perfectly acceptable ton create fictitious transactions that require major, International corporations like XXXX, that they have the power to create fictitious charges for their services that require them to pay for services that were never provided, just to get WF off their back. 
Has this become the new norm? Wasn't the Consumer Financial Protection Bureauestablished to prevent these abuses- and when they do occur, to punish them through the only real, tangible form available, through financial penalties and required punitive compensation. 
After decades of these continued abuses, the executives who design these criminals approaches, now integral to their business models, are being financially compensated in amounts greater than ever before. 
Our refusal.to hold these corporations financially liable and the executives who earn more and more with no personal, legal liabilities. This refusal to dissuade, discourage, penalize, and prevent these ongoing criminal frauds, only worsens what many have identified as the greatest crisis currently tearing apart America. 
It is the source of our ever-increasing social and political polarization. It is the ever widening canyon of class and economic status between the increasingly powerless, increasingly poor majority and the very select few, wth the privilege of legal immunity, political and social influence, and wealth is that is no longer measured individually in the millions but in the billions. 
Where then, is the distinction between the willful criminal activity of the banks- and the willful refusal of government regulatory agencies, those individuals appointed or elected to protect us but fail to intervene, to punish, or prevent. 
Why is this? What does it mean that banks are too large to fail? It means the fallout of such a failure would result in financial instabilities to all, including those in power, to a greater extent than the criminal activities and stolen assets that these banks freely engage in without any concern for personal consequence and minimal concern for corporate consequence.

How can this situation be resolved? I would like to see WF executives held criminally liable for these financial crimes. Why is their immunity assumed. Why is it that stock brokers and business managers and accountants are now receiving jail time for their financial crimes but bank executives have not?

If the US can prepare criminal charges against a former US President, why are bank executives held accountable? As a rational, realistic individual, I have little faith that any of the WF executives responsible for defrauding me will ever hear about it, let alone be punished for it.

So how else can I be compensated for fifteen years of financial abuse, theft, and complete disrespect? I can be paid compensation - money - something that will very tangibly improve my life and provide opportunities otherwise unavailable to meXXXX XXXX They paid me compensation before- they should do so again - but more. I am notunreasonable. I have a good understanding of my value and the time and energy they have robbed from me, a permanently XXXX man, whose time and energy is already limited. I am asking for a payment of {$25000.00}, a truly trivial amount to Wells Fargo but a realistic amount that will provide very real opportunities to improve my life.XXXX I had a legal education though I never was an attorney. If I went to an attorney for assistance, realistically, I think if an attorney was willing to represent me in this matter, it would be on a contingency basis. In that circumstance, the attorney would insist on a much, much greater amount of compensation. 
It's also possible that an attorney or law firm would seek out similar cases to my own and form a class action suit. If other individuals have half the evidence I do, it could be a record award. 
And If I am not successful obtaining compensation for my hardship, it would be almost as good if Wells Fargo was required to pay fines - great, huge fines, in excess of their previous fines. 
I think it's realistic, given that repeating the same crimes has no excuse or mitigating factors. It practically requires near-crippling fines, certainly enough to reduce the available funds for executive bonuses.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation