Consumer complaint received 2017-05-30
Company: WELLS FARGO & COMPANY
State: NC
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
Wells Fargo  repeatedly discloses customer account information to  XXXX  County, NC, Departme nt of Social Services without ob taining a signed release from the customer. This has happened twice with my mother  XXXX   XXXX  of  XXXX   XXXX   XXXX   XXXX   ,   XXXX  NC  XXXX . In both instances DSS was given direct access to multiple years worth of data without authorization via a system they call th eir Online Verification System. DSS Social wor kers have confirmed via email that they enter applicants social security number in this system an d Wells Fargo p rovides account information. As a result of this disclosur e DSS is t rying to take over Guardianship of my mother to try and avoid this information becoming public. Also, this information is being used by DSS to refuse public assistance to applicants. This has been going on for YEARS. Below is a summary of communications between myself and  XXXX   County DSS c oncerning this matter. I am also attaching copies of specific documents that are mentioned in the summary.     On   XX/XX/XXXX  I  spoke with  XXXX   XXXX ,  XXXX  Case Worker, in reference to my mothers   XXXX   application. He took background information asking about her incom e ( how much she earned and sources ) and other assets. He asked who she banked with and I stated Wells Fargo . He then asked about balances, I think, I dont really recall. What I do recall is him then saying oh dont worry about it I can get the information myself. I did not react to this statement during the telephone call other than to think to myself, I know he didnt just say he could get my mothers account information. As a result of the conversation he stated he would send me a list of items he needed to further the application.     On   XX/XX/XXXX ,  I received  a Request for Information for m from  XXXX . The form was dated   XX/XX/XXXX  f rom our original conversation. In line ite m 22 o f this form it was requested that I provide proof of reduction in account balance to no more than {$2000.00} and provide proof of spend down of {$18000.00} that was withdrawn from her savings account. Looking back at it now it was confusing as to what he was asking but what was clear is that he had identified a savings account at  Wells  Fargo with my mothers name and he was inquiring about specific amounts that he was not otherwise aware of from my mother or myself.     Nowhere during this application process did we sign anything authorizin g DSS to request my mothers account information. Additionally, we have not authorized Wells Fargo to release this information to DSS o r any other entity. My mother is  XXXX  and   XXXX   XXXX   XXXX   so I am her POA.     On   XX/XX/XXXX , I  reached out to  XXXX  to inquire about item 22 on the  Request for Information  and how he was able to get that information. As you can see from his response on   XX/XX/XXXX , t here is system connectivity between, at a minimum,  XXXX   County DSS a  nd Wells Fargo. I say a t a minimum becau se DSS is  a state agency with satellite offices in various counties. T he State DSS  may have implemented this system connectivity across the entire state of North Carolina.     On   XX/XX/XXXX ,  I asked  XXXX  who authorized the release of my mothers account information, Item 22.     On   XX/XX/XXXX    XXXX  stated that it came from a signed application for  XXXX . The only other form I could think he was referring to was North Carolina  Division of Social Services Information System Client Entry Form. I  could not locate the copy I signed with  XXXX  to get this started but I had a copy of the same form I signed with a case worker named  XXXX  on   XX/XX/XXXX 7.  This is a standard form used in the organization to initiate request for services. I guess this is the application. Neither the front nor back of this form notes that the applicant is granting permission for DSS to obtain bank account information from any financial institution.     On   XX/XX/XXXX ,  I asked  XXXX  to send me a copy of this application that he was referring to.      ON  XX/XX/XXXX  ,  XXXX  responded that he could not give me that due to, of all things, confidentiality. He further stated that  XXXX   XXXX , my mother ' s Case Worker si gned the application authorizing the release. I then thought to myself  XXXX   XXXX  has no legal authority to be signing anything on my mothers behalf. Since I am my mother  's Power of Attorn ey, I have every right to get that information.     On   XX/XX/XXXX ,  I asked  XXXX   XXXX  where is the documentation that authorized her agency to gather financial data without authorization. I realize the email does not say Bank Account Info fro m Wells Fargo, but  by this point all three of us know exactly what Im getting at. I even told her that  XXXX  referred me to her and to please clarify on this private communication he is referring to.     On   XX/XX/XXXX ,   XXXX  further explained how state law gave his organization the right to access  XXXX  applicants bank account information. His colleague  XXXX   XXXX  also chimed in   XX/XX/XXXX  to  state why an application is submitted and to state what agency pays when an applicant received  XXXX .     I then decided to review NC  XXXX  law to see if there is anything in there that says applicants specifically giv es DSS authority to get and Wells Fargo authority to release bank account information, just by simply applying for  XXXX . T here is no such law.   What I do see in th e DSS procedure manual is that DSS sho uld Request information from a third party using the appropriate verification forms. We have not signed any verification forms to be sent to any third parties to verify any financial information, includi ng Wells Fargo. Here is  a link to the policy I reviewed.   XXXX   XXXX   XXXX   XXXX  On   XX/XX/XXXX , I  sent  XXXX  a copy of the NC  XXXX  law and asked him to point out the section that he says having an application is the authorization to run financial records. His exact words fro m  XX/XX/XXXX  em ail. Again, looking at this email I may not have been clear that I am still inquiring about the $  XXXX  notation that they obtained directly from the bank, but I believe they knew exactly what I was talking about.     I dont think either  XXXX  or  XXXX  realize that what their agency is doing is illegal because they have been doing it for so long. Then it came across my mind that my mother had applied for  Food Stamps and  XXXX  i n   XX/XX/XXXX  when she first moved in with me. I went by DSS on  XX/XX/XXXX  to get a copy of that   application. That application noted that my mother would need to meet a deductible of {$8500.00}. At the time I did not have access to my mothers accounts and would never have guessed that the deductible was based on some equation that included my mother s Wells Fargo  Bank Account. Looking back at her statements she had {$8100.00} as of   XX/XX/XXXX . My m other did not provide a bank stateme nt to DSS  during that meeting but I 'm pretty sure if we looked back at this OVS system there is a evidence of her account information again being accessed.     I further inquired with the  DSS  front desk worker as to her familiarity with a DSS system called  XXXX .  XXXX  is what  XXXX  mentioned in his emails. She could not recall the system but did mention they use d OVS, Online Verification System,  but she was not familiar with it nor did she know how DSS came up with their deductible amounts.      Wells Fargo 's r elease of customer information without permission is a clear violation of the  Gramm-Leach Bliley Act and NC State Statute 53B. Th ey should not be releasing any account information without a customers written consent. Both of these regulations provide restitution for customers that have had their privacy disregarded by banks.     This is another examp le of Wells Fargo pre ying on the elderly and disenfranchised that bank with their organization. This is no better than their employees creating accounts that the elderly did not ask for.

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