Consumer complaint received 2024-09-20 00:00:00
Product: Checking or savings account — Checking account
Issue: Problem caused by your funds being low — Overdrafts and overdraft fees
Company: WELLS FARGO & COMPANY
State: CO

Complaint narrative:
Over the past few months, I have received more than XXXX emails from Wells Fargo stating : " A {$35.00} fee may be charged for each overdraft up to a maximum of XXXX fees. '' Concerned about the wording of these emails, I contacted Wells Fargo on XX/XX/XXXX to request courtesy waivers and to discuss the specific language used in the " Insufficient Funds Notice/Extra Day Grace Period '' communications. 

As a former employee of Wells Fargo, I have an understanding of the bank 's policies and expected a clear explanation. During my initial call, I informed the first representative that I was seeking courtesy waivers and requested an escalation to the XXXX XXXX due to concerns about the email 's wording. I was then transferred to the XXXX XXXX. 

The second representative I spoke with was uncooperative, refused to answer my questions, and misrepresented our conversation. I felt discriminated against during this interaction. Subsequently, I was escalated to the XXXX XXXX, where a case was opened. However, I was informed that they could not waive any fees, including the courtesy waivers I had requested. I was advised to visit the Wells Fargo branch located on XXXX in XXXX  XXXX for further assistance. 

Upon visiting the branch, the teller directed me to speak with a banker. I reiterated my concerns about the wording in the emails to the banker. Unfortunately, the banker responded in an extremely rude and discriminatory manner. Feeling dissatisfied, I requested that the branch XXXX contact me to address these issues. 

The branch XXXX later left a voicemail indicating he would discuss the matter with the banker and follow up with me. I attempted to return his call five times using his direct line but received no response. Despite this lack of communication, my XXXX XXXX case was closed without any resolution or further contact between me and the branch. 

Unsatisfied, I contacted Wells Fargo again to escalate the matter. A new representative from the XXXX XXXX listened to my concerns, and I detailed all the issues I had experienced. On XX/XX/XXXX, she informed me that the case was closed because it was not considered a " bank error. '' I explained that clear and concise communication is required under Regulation DD ( Truth in Savings Act ), and that the fees were unfair and deceptive under the Dodd-Frank Act. Understanding the seriousness of my concerns, she agreed to reopen my case. 

I sent an email to the representative outlining my findings after reviewing the " Deposit Account Agreement '' and the " Consumer Account Fees and Information '' documents. I emphasized that the Deposit Account Agreement takes precedence unless there is a conflict and noted that the Consumer Account Fees and Information is informational rather than contractual. I included XXXX email screenshots that all stated : " The available balance [ 1 ] in your Wells Fargo account The Bills wasn't enough to cover the following transactions on XX/XX/2024. With Extra Day Grace Period, you can avoid overdraft fees if your available balance is positive as of XXXX XXXX Eastern Time on XX/XX//2024. After your grace period ends, if your available balance isn't positive, a {$35.00} fee may be charged for each overdraft up to a maximum of XXXX fees. '' I pointed out that there were no footnotes leading to the Wells Fargo Consumer Account Fee and Information Schedule and Deposit Account Agreement as referenced. For example, in the statement : " XXXX Access Banking SM accounts are not assessed overdraft fees [ 2 ]. However, if your account is overdrawn, you must promptly repay the overdrawn balance. '' Footnote 2 states : " 2. Our standard overdraft coverage does not apply to Clear Access Banking accounts. Optional overdraft services, such as Overdraft Protection and Debit Card Overdraft Service, are not available for Clear Access Banking accounts. Other fees may apply, and it is possible for the account to have a negative balance. Please see the Wells Fargo Consumer Account Fee and Information Schedule and Deposit Account Agreement for details. '' Despite providing this detailed information, on XX/XX/XXXX, the representative informed me that her management team would not take any action regarding the poor wording in the emails. 

Throughout this process, I have attempted to resolve the issue by communicating with multiple representatives and visiting a local branch, but my concerns remain unaddressed. The unclear and potentially misleading communications from Wells Fargo, coupled with the unprofessional and discriminatory treatment I received, have not only caused me frustration but may also represent violations of federal regulations designed to protect consumers.

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