Consumer complaint received 2024-05-25
Product: Checking or savings account — Checking account
Issue: Managing an account — Deposits and withdrawals
Company: WELLS FARGO & COMPANY (CA)

I am writing to formally lodge a complaint regarding the unlawful holding of funds in my Wells Fargo account, which has caused significant distress and inconvenience. As a resident of California and a long-standing customer of Wells Fargo , I expect adherence to legal and ethical banking practices. 

On XX/XX/year>, I discovered that my account was restricted from further use without prior notification or explanation. Despite numerous attempts to withdraw funds, access was denied. Upon contacting Wells Fargo, I was informed that my account was being held due to a legal matter originating from the Department of Revenue in the state of Massachusetts regarding child support. 

However, I have been actively addressing this matter directly with the Department of Revenue to rectify any alleged debt owed to them. At no point was I informed by Wells Fargo of any legal action or restriction on my account. Proper notification was not provided, neither via mail nor any other written communication. Wells Fargo has a duty to inform me as a consumer if any legal action is taken. 

This situation has caused extreme financial hardship, particularly as I was dealing with an emergency at the time. Furthermore, the refusal of Wells Fargo to provide additional information or assistance exacerbates the distress caused by this ordeal. On XX/XX/year>, I contacted Wells Fargo again and spoke with the Escalations Department. The first person I spoke with, XXXX XXXX, was extremely rude and verbally aggressive. When I requested to speak to her superior, she continued to give nonchalant answers and demonstrated inappropriate sarcasm. I then requested to speak to another representative, Grace ( ID Number : XXXX ). I expressed my concerns with the illegal act that took place, to which XXXX also refused to provide me with any additional information. I informed XXXX that I would be recording the call, to which she agreed. She stated on record that Wells Fargo did not send me any notification regarding my account restrictions and also failed to provide me with any notification from the Department of Revenue Massachusetts Division. These actions have violated my rights as a consumer and are completely objectionable. 

It is evident that Wells Fargo has violated my rights as a consumer and disregarded State and Federal Laws aimed at protecting residents of California and the United States of America. Specifically, Wells Fargo 's actions are in violation of California Civil Code 17200, which prohibits unfair, deceptive, or fraudulent business practices, including unlawful withholding of funds. California Financial Code Section 1705 outlines the procedures banks must follow when placing a hold on a consumer 's funds, requiring transparency and fair treatment. 

The federal laws governing this matter include the Expedited Funds Availability Act ( EFAA ), also known as Regulation CC, and the Consumer Credit Protection Act ( CCPA ), particularly Title III : Garnishment section, which mandates that banks notify consumers when their accounts are subject to garnishment for child support payments. 

Additionally, it appears that the actions taken by Wells Fargo may contravene FDIC regulations, including FDIC Regulation 12 CFR Part 330 regarding deposit insurance coverage and FDIC Regulation 12 CFR Part 353 regarding suspicious activity reporting. 

Therefore, I demand that Wells Fargo immediately release the funds held in my account and restore full access without any further delay. Furthermore, I request to provide me with the legal procedure, and documentation granting Department of Revenue of Massachusetts the authorization with jurisdiction under Federal Law to Garnish my account. Failure to comply with this request will leave me with no choice but to pursue legal action in the Superior Court of California, seeking the maximum relief available under Senate Bill 71. 

I expect a prompt resolution to this matter and request confirmation of the actions taken to address this complaint. 

Thank you for your attention to this urgent matter.