Consumer complaint received 2024-11-27 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Getting a loan or lease — Problem with additional add-on products or services purchased with the loan
Company: WELLS FARGO & COMPANY
State: FL

Complaint narrative:
Wells Fargo auto loan customers were subjected to unauthorized fees, improper repossessions, and mismanagement of insurance payments. Many customers paid higher fees due to the banks failure to refund or process payments correctly. A significant portion of the {$2.00} XXXX settlement has been allocated to auto loan borrowers to compensate them for these issues. 

Wells Fargo 's alleged violations of federal consumer protection, debt collection, financial disclosure laws, and Florida 's usury law prohibiting excessive interest rates. The XXXX, XXXX XXXX, asserts that these violations caused significant XXXX XXXX XXXX XXXX XXXX  XXXX seeks an arbitration award of {$120000.00} in compensatory, punitive, and emotional damages. 

XXXX of Claim XXXX XXXX alleges that Wells Fargo 's actions constitute violations of various federal and state statutes, resulting in improper debt collection practices, financial misrepresentations, breaches of statutory duties, and unlawful interest charges. Specific claims include : 1. Truth in Lending Act ( TILA ) - Violations under 15 U.S.C. 1638 ( b ) ( ii-iv ) : Failure to disclose key financing terms, leading to unforeseen financial costs for the Claimant.

2. Fair Debt Collection Practices Act ( FDCPA ) - Violations under 15 U.S.C. 1692a ( 6 ) ( f ) ( ii-iii ) and 1692c : Unlawful debt collection practices and harassing communications outside allowable times.

3. Fair Credit Reporting Act ( FCRA ) - Violations under 15 U.S.C. 1681a ( 1 ) ( a ) ( 1 ) and 1681a ( 2 ) ( A ) : Misrepresentation of credit information without verification, harming the Claimant 's creditworthiness. 
4. Debt Validation and Dispute Rights - FDCPA violations, including 15 U.S.C. 16929, 1692e, and 1692d : Deceptive representations and harassment, supported by precedents such as Foti v. NCO Financial Systems , Inc., 424 F. Supp. 2d 643 ( S.D.N.Y. 2006 ).

5. Gramm-Leach-Bliley Act ( GLBA ) - Violations under 15 U.S.C. 6801 : Failure to safeguard personal financial data, resulting in breaches of privacy.

6. Consumer Protection Rights - Violations under 12 C.F.R. XXXX ( c ) : Failure to provide clear means for dispute resolution, obstructing the Claimant 's ability to address grievances. 
7. Florida Usury Law Violations - Florida Statutes XXXX : Wells Fargo charged interest rates exceeding Florida 's legal limits for loans or credit agreements. 

The Claimant contends that the imposition of unlawful interest rates constitutes predatory lending, financial harm, and violations of state usury laws. 




Case Law Supporting Claims XXXX XXXXXXXX XXXX  XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXXXXXX ) : Relevant to Wells Fargo 's failure to validate debt. 
XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX ( XXXX XXXX XXXXXXXX ) : Highlights issues of deceptive representations in debt collection. 
XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX ) : Addresses financial disclosures and fiduciary violations. 
XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXXXXXX XXXX XXXXXXXX ) : Discusses consumer protection related to financial misconduct and deceptive practices. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) : Establishes legal precedent for violations of Florida 's usury laws. 




XXXX XXXX The claimant respectfully requests the following relief : 1. Compensatory Damages : {$50000.00} for financial harm, including losses due to unlawful interest rates and economic damages incurred. 
2. Punitive Damages : {$40000.00} for emotional distress and punitive measures against Wells Fargo 's willful disregard of consumer protection and usury laws. 
3. Legal Fees : Reimbursement of attorney fees and associated costs.

4. Injunctive Relief : An order prohibiting Wells Fargo from continuing these practices, including imposition of interest rates that violate Florida 's usury laws. 




Conclusion Claimant XXXX XXXX submits this demand for arbitration and requests the total relief outlined above, including {$90000.00} in damages and an injunction to prevent further violations

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