Topic: Wells Fargo TCPA Settlement

[Nightfall1134]

Has anyone else received a notice of the Wells Fargo TCPA Settlement?  The settlement was proposed in the lawsuit Matla, v. Wells Fargo Home Mortgage.

The settlement pertains to anyone who may have received a phone call from Wells Fargo between June 16, 2006 and November 16, 2011 to their cell phone or pager. 

More information can be found at www.wellsfargotcpasettlement.com.

Just thought I'd let people know if they haven't received any notice, and feel that they are victims of Wells Fargo.

[kevinmanheim]

I would opt out, and then figure out how many times they called me.

[Nightfall1134]

I would opt out, and then figure out how many times they called me.

That's a good idea....I have till May to opt out/file a claim, so I will try and see if I can get documentation that far back, as well as the numbers they called from.

Thanks for stating the obvious, lol.  It didn't even cross my mind when I received that notice.

[kevinmanheim]

It's almost always better to opt out of these and file a claim on your own.

You might get $100 from the class action, but several thousand if you opt out and send your own demand.

[GaryLucas]

Ok here's a rookie question: If I opt out of the class action suit, how do I file my claim against Wells Fargo?

[CleaningUp]

By filing a law suit in your local court...Small claims or higher if the amount exceeds the small claims threshold.

[credit_h]

I would opt out, and then figure out how many times they called me.

You would have to go through all your mobile phone call records, find all instances of Wells Fargo phone number, and determine if each of those calls is a robocall.

SOL is also in play here. For FDCPA violations it is 1 year, I am not sure how many years it is for TCPA.

[DeputyJester]

SOL is also in play here. For FDCPA violations it is 1 year, I am not sure how many years it is for TCPA.

You will want to put the research into knowing which forum to bring your suit in. I ALWAYS file my TCPA cases in Federal court. You will normally get the 4 year SOL per the TCPA.

Some state courts deal with the TCPA SOL differently so your best option is Federal. Here in Nevada if you file in state court, you only receive a 2 year SOL per the NRS, but if you go Federal then you get the 4 year.

Good Luck,

DJ

[excelsior]

You would have to go through all your mobile phone call records, find all instances of Wells Fargo phone number, and determine if each of those calls is a robocall.

SOL is also in play here. For FDCPA violations it is 1 year, I am not sure how many years it is for TCPA.

The settlement mailing says that any calls received from June 16, 2006 until Nov 2011 are eligible.   That suggests at least a 7 year SOL?  How'd they do that?

[kevinmanheim]

The settlement mailing says that any calls received from June 16, 2006 until Nov 2011 are eligible.   That suggests at least a 7 year SOL?  How'd they do that?

The case was filed a few years ago, before the SOL expired on the 2006 calls.