Consumer complaint received 2024-09-04
Product: Credit card — General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement — Credit card company isn't resolving a dispute about a purchase on your statement
Company: WELLS FARGO & COMPANY (OR)

Background and foundational facts : 1. I had a XXXX XXXX XXXX XXXX with a {$1000.00} credit limit, secured by a collateral deposit account. 
2. The Card Issuer is Wells Fargo Bank, XXXX. 
3. The application for the account was signed on XX/XX/XXXX. 

The Unauthorized Charge facts : 4. The unauthorized use occurred on XX/XX/XXXX. 
5. The amount charged in the use was {$5900.00}.

6. The Business where the unauthorized use was honored is Budget.

7. Budget is located in the same city as I am.

8. Wells Fargo failed to notify me about the charge until XX/XX/XXXX, when I received my account statement for the time period XXXX. 

Dispute Facts : 9. I disputed the charge with Budget and they threatened me with arrest.

10. Wells Fargo was made aware that the use was unauthorized after I made attempts to resolve the dispute first with Budget.

11. Wells Fargo refused to investigate the charge despite multiple requests by me.

12. The last payment I made to the account was XX/XX/XXXX for {$29.00}, which was my minimum required payment on a balance of {$1000.00} 13. I withheld payment to the account for the disputed amount plus the finance charges associated with the amount after Wells Fargo refused to investigate. 
14. The Total Amount Due on the XX/XX/XXXX statement was {$5700.00} with a minimum payment of {$200.00} required. 
15. Wells Fargo charged me late fees and interest on the account beginning in XX/XX/XXXX. 
16. Wells Fargo initiated legal proceedings on XX/XX/XXXX alleging breach of contract and money lent, asking for a judgment totaling {$7700.00} plus attorney fees. The case is currently proceeding. 

Discovery : 17. In XXXX, XXXX, In response to a complaint filed on my behalf by XXXX XXXX ( " Counsel '' ), Wells Fargo 's counsel of record, concerning the unauthorized use, I received a letter dated XX/XX/XXXX, in which Wells Fargo refused again to investigate the unauthorized use and charge, citing a " window of 540-days '' and the XX/XX/XXXX date of the complaint was outside of that window. 
18. In the same delivery envelope from Wells Fargo, I received a stack of account statements, photocopies of deposit slips, checks, and money orders. But they were not my account as requested, they were for another person 's account. With all of that persons Personally Identifiable Information in black and white, unredacted. 
19. On XX/XX/XXXX I sent an email to Counsel detailing the delivery to me of someone else 's information. I pointed out that 540  days from XX/XX/XXXX was XX/XX/XXXX ; just 25 days earlier than the XX/XX/XXXX complaint date. I also pointed out that as I had not been informed by Wells Fargo of the charge until XX/XX/XXXX, that I should not be penalized for the 31 days in between. I also asked him what was their justification for approving the charge when the Secured Credit Card had a credit limit of {$1000.00}.

20. In response to my questions, I received a letter from Wells Fargo dated XX/XX/XXXX in which they ignored the question about the 31 days. They also said " Per your credit card terms and conditions, if you exceed your total credit limit, we may allow the transaction without increasing your total Credit Limit. If we allow the transaction, we may treat that over limit amount as due with the minimum payment on your next statement. '' Suspected Violations : 21. Section 1026.51 - Ability to Pay. Wells Fargo, despite their claim to the contrary, did raise my credit limit, and did so without considering my ability to pay. I was and am unemployed and my only source of income is fixed. A 10x increase in my minimum payment is untenable. I was alerted by XXXX that Wells Fargo increased my credit limit on XX/XX/XXXX and then again on XX/XX/XXXX. 
22. Section 1026.12 ( c ) ( 2 ) - Adverse credit reports prohibited. Despite my dispute, Wells Fargo reported my account as 30 days late in XX/XX/XXXX and as a charge off in XX/XX/XXXX and has reported it as charge off every month since up to and including XX/XX/XXXX. 
23. Section 1026.12 ( b ) - Liability of cardholder for unauthorized use. By suing me for an amount calculated using the disputed unauthorized charge and the finance fees and interest associated with that charge, without first meeting the standard and burden of proof that I am liable for it, Wells Fargo is in direct violation of this regulation as well as 15 USC 1643.

24. Section 1026.12 ( b ) ( 3 ) - Notification to card issuer. In Wells Fargo 's " Billing Rights Summary '' they state : " If you believe your bill is wrong ( an " Error '' ), or if you need more information about a transaction on your bill, write to us on a separate sheet of paper as soon as possible at : XXXX XXXX XXXX, XXXX XXXX, IA  XXXX. We must hear from you no later than 60 days after we sent you the first bill on which the Error appeared. You may notify us using other means ( including calling us at the number listed on the front of the statement ), but doing so will not preserve your rights. '' The regulation states that " Notification may be given, at the option of the person giving it, in person, by telephone, or in writing. '' By denying rights based on the method of communication clearly authorized in the regulation, Wells Fargo is in violation.