Consumer complaint received 2020-02-16
Company: WELLS FARGO & COMPANY
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
Violation of Section 5 ( a ) of the Federal Trade Commission Act ( 15 USC Section 45Prohibition Against Fair and Deceptive Practices ) and the California Unfair Practices Act ( Section 1700 et. seq. of the California Business and Professions Code ) : My Complaint concerns Wells Fargo Bank attempt to impose credit card account fees in contravention to the CFPBs prohibition against unfair, deceptive and abusive practices under the authority set forth under Section 1031 of the Dodd-Frank Act. 
I have maintained a deposit account with Wells Fargo since I moved to XXXX XXXX, California after graduating from college in XX/XX/XXXX. When I set up my checking account the Wells Fargo branch customer rep instructed me that I was required to maintain both a checking and a savings account ( I had only requested a checking account since I only had minimal funds to deposit, but acquiesced since I was advised that this was a Wells Fargo requirement and that the funds in my savings account would be used if there were insufficient funds in my checking account ). Since I declined to opt-in to overdraft coverage ( per Regulation E ) the Wells Fargo rep required the Complainant to consent to having his savings account serve as a backup source of funds in the event my checking account became overdrawn and the rep advised that there would be no fee in the event funds had to be transferred from his savings account to cover an overdraft of my checking account. In addition, the Wells Fargo rep required me to sign up for a credit card for the purpose of linking the credit card to my checking account as a secondary source of coverage for overdrafts to my checking account. I was not advised that I would be charged a fee in the event the credit card was accessed if there were insufficient funds in my account. 
In XXXX my credit card expired. I contacted the credit card # 800 number and was advised that a new card would be mailed to me. Despite contacting Wells Fargo on at least 3 occasions to inquire about the status of the new card and being told it was in the mail, I never received the new card. Recently, late XXXX in XXXX, theI engaged in a debit card transaction ( at XXXX grocery store in XXXX  ) approximately in the amount of {$50.00}. At the time of the transaction my checking account balance ( both ledger and available ) coupled with his savings account balance were well in excess of the {$50.00} transaction amount. ( in fact my ledger balance showed sufficient funds to cover the transaction ). Subsequently, I received multiple communications from Wells Fargo advising me that I was being charged overdraft and related recurring fees concerning the subject debit card transaction and was advised that these amounts were being assessed to my credit card. 
I contacted a Wells Fargo rep and explained that my checking account should not have resulted in an overdraft status since I had previously authorized Wells Fargo to use my saving account to cover insufficient funds in my checking account. The Wells Fargo rep explained that the bank used my credit card to pay the overdraft and assessed my credit card with the overdraft and related recurring fees and that I was assessed a late and other fees fee my credit card payment. During several phone calls I have explained that I never received a replacement credit card, never authorized or activated the credit card and advised that the credit card should never have been used to pay the transaction and overdraft fees. Despite repeated requests to receive a copy of the credit card statement, the Wells Fargo reps have refused to provide such a copy until the I pay all of Wells Fargo fees. Despite my repeated efforts, Wells Fargo refuses to take appropriate action to address their unconscionable conduct and continue to coerce payment of fees that never should have been charged, improperly disclosed and were never authorized. 
Complainant asserts that Wells Fargos conduct is a continuation of the longstanding abusive practices against consumers including the following : 1. Misleading consumers into establishing multiple account relationships ( advising me that I was required to have both a checking and savings account and requiring me to link my credit card to my checking account ), enrolling me into products and services that I did not request or authorize for the purpose of maximizing fees and improperly incenting Wells Fargo employees to require me to enroll in products not suitable or appropriate for me. Such conduct and practices are on their face -- - unfair, deceptive and abusive and, probably fraudulent ( I am also submitting a complaint with the California Attorney Generals Office and will consult with an expert counsel on bank consumer laws and the Office of the Comptroller of the Currency and the Wells Fargo Board of Directors ). 

2. Engaging in practices designed to maximize Wells Fargos fee income by engaging in unfair, deceptive and abusive consumer practices and failing to adequately disclose these practices to the consumer. 

3. Improperly assessing consumer fees despite the fact that the consumer never authorized the transaction ( Complainant never  received or activated the credit card or authorized the subject transactions ). 

4. Improperly assessing fees to consumers and denying such consumers access to or opportunity to review the account statement setting forth such illegal fees.

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 monetary relief