MIAMI (CN) – Wells Fargo Bank has found a new way to snooker its customers out of money, $35 at a time, according to a class action in Miami-Dade County Court. The class claims the bank charges a $35 “overdraft fee” for each deposit made into a garnished account, unless the deposit is enough to pay off the entire amount owed.
“In essence, it appears the Wells Fargo treats the garnishment order as if it were an outstanding draft on the account,” the complaint states. “Wells Fargo charges the account holder a $35 overdraft fee for each deposit made into the garnished account unless the amount of the deposit is enough to pay the entire underlying judgment.”
But the class claims: “Pursuant to its deposit agreement, defendant is permitted to charge an overdraft fee only when the customer takes some action to charge against the account such as writing a check, making an ATM cash withdrawal or card purchase for an amount that exceeds the balance.”
Suing for the class, lead plaintiff Isabel Gomez seeks disgorgement of ill-gotten gains and punitive damages for breach of contract and unjust enrichment.
She is represented by Brian Warwick of The Villages, Fla.