Welcome to the Gutierrez v. Wells Fargo, NA Lawsuit website

Gutierrez v. Wells Fargo Bank, N.A., Case No. C07-05923 WHA (N.D. Cal.) 

1. Can I still get my uncashed check reissued?

Yes, you can still request a check re-issue. Per court order, unclaimed or uncashed payment checks are subject to the unclaimed property laws for the state of the class member/payee in question. Under that process, for a period of 3 to 5 years (depending on the state), class members can request to have their check re-issued by the Class Administrator. Click here to submit a reissue request and provide address updates, if necessary.

Once that 3 to 5 year period has expired, the funds that are still unclaimed at that time, and the corresponding last known mailing addresses, will be reported to the relevant states. These unclaimed funds will continue to be available to you after that time, however you will need to follow the process as directed by your state’s unclaimed property process.

2. Who is a Class Member?

The "Class" consists of: All California Wells Fargo customers from November 14, 2004 to June 30, 2008, who incurred overdraft fees on debit card transactions as a result of the bank's practice of sequencing transactions from highest to lowest ("Class Members").

3. What Is This Lawsuit About?

At trial the Court found that Wells Fargo violated California law by misrepresenting the order in which debit-card transactions were sequenced, resulting in unexpected overdraft fees. The trial court entered a judgment requiring Wells Fargo to pay approximately $203 million in refunds to the class, minus court-awarded attorneys' fees and expenses, class representative service awards, and administrative costs. Wells Fargo was also prohibited from making misrepresentations in the future about how it sequences debit card transactions. The judgment became final, following all appeals, on April 4, 2016.

4. What is the Status of the Lawsuit?

On April 4, 2016, the judgment entered by the trial court in this case became final. Class Members who are current Wells Fargo customers received refund credits directly deposited to their accounts in May 2016. Class Members eligible for payment that are no longer Wells Fargo customers were sent checks at the most current address on file starting on July 1, 2016.

5. How Can I Get a Replacement Check?

If you are a Class Member and received a check but have lost it or the check is damaged you can request a replacement on this website by clicking here.

6. Where Can I Get Additional Information?

For more information, or to view Court orders and other documents from the case, click here or call 1-877-651-4199.