SAN FRANCISCO – A New Jersey consumer alleges he was unlawfully charged an overdraft fee.
Angelo Clamor filed a complaint on behalf of all others similarly situated on June 30 in the U.S. District Court for the Northern District of California against Wells Fargo & Co. and Wells Fargo Bank, N.A. alleging breach of contract and violation of the New Jersey Consumer Fraud Act.
According to the complaint, the plaintiff alleges that he is a Wells Fargo customer and that his deposit agreement states that the defendants would not assess overdraft fees on any one-time debit card transactions. The plaintiff states that in September 2016, he made a one-time payment for a Lyft ride and was charged a $35 overdraft fee.
The plaintiff requests a trial by jury and seeks damages twice the amount of the usurious interest paid, interest, all legal fees and any other relief as the court deems just. He is represented by Annick M. Persinger of Tycko & Zavareei LLP in Oakland and Washington, D.C.
U.S. District Court for the Northern District of California case number 4:17-cv-03782-DMR