Legal Question in Consumer Law in California

Hi,

My name is Whitney. Recently I was charged twice for an overdraft fee in Wellsfargo. I had linked my paypal account to my debit card. At the time I thought it was linked to my credit card so I charge more money then I had on my paypal account. I made a purchase on 12/20 at night for $3.38 and another on 12/21 at around 2 PM for ~$127. At that time my checking account still had $20 in it. The next day when I checked my bank account I noticed two overdraft fee. Wellsfargo had processed ~$127 transaction first then the ~$3 transaction, even though I made the ~$3 purchase first. Which resulted in 2 overdraft of $35 each instead of just one if it had processed my order chronologically. I did some research and found out that Wellsfargo had lost a law suit regarding overdraft fees this year. The judge had ruled the system they were using, processing transactions from the highest amount to the lowest amount instead of chronological order, as an �unfair and deceptive business practices�. The judge also ruled that they can no longer do such practice. I mentioned this law to the Wellsfargo representative I was talking to over the phone, however he said that the law suit only apply for "debit card or check" transactions; the paypal transactions are consider to a "pay bill" transaction so it still runs on the high to low system. This system is unfair and the overdraft system is praying on people who are financial vulnerable. I would like some guidance on this situation.

Thanks,

Whitney


Asked on 12/22/10, 10:17 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Find out who the plaintiffs' lawyers were in the last lawsuit and contact them.

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Answered on 12/27/10, 10:31 pm

The Lief, Cabraiser (not sure of the spelling) firm in San Francisco might also be interested.

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Answered on 12/30/10, 6:09 pm


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