Bankruptcy Law, Debt Relief, Timothy Kingcade Posts

Wells Fargo will pay $16.3 Million for Calling Customers’ Cell phones without Consent

Wells Fargo Bank will pay approximately $16.3 million to end a proposed class action lawsuit alleging it used an Automatic Telephone Dialing System (ATDS) to contact customers’ cell phones without their consent.

The case Markos v. Wells Fargo Bank, N.A. was originally filed on April 14, 2015.  The Plaintiffs are asking for preliminary approval of a nationwide class action settlement reached with Wells. The original lawsuit alleged that Wells had called Plaintiffs and Settlement Class Members on their cell phones through the use of an ATDS or by using an artificial or prerecorded voice without Plaintiffs’ or Class Members’ consent, a violation of the Telephone Consumer Protection Act (TCPA). The calls at issue were all non-emergency, debt-collection calls and texts made in connection with Home Equity Loans and Residential Mortgage Loans.

Wells Fargo will pay a cash sum of approximately $16,319,000, to be distributed to the Class Members who file qualified claims. Based upon the size of the fund, the number of class members, and Class Counsel’s experience with over a dozen similar large settlements, the expected per-class-member cash award, while dependent upon the number of claims, may range between $25 to $75.

The proposed Settlement Class is defined as:

All users or subscribers to a wireless or cellular service within the United States who used or subscribed to a phone number to which Wells made or initiated one or more Calls during the Class Period using any automated dialing technology or artificial or prerecorded voice technology, according to Wells available records, and who are within Subclass One and/or Two.

  • Subclass One consists of “persons who used or subscribed to a cellular phone number to which Wells Fargo made or initiated a Call or Calls in connection with a Residential Mortgage Loan.”
  • Subclass Two consists of “persons who used or subscribed to a cellular phone number to which Wells Fargo made or initiated a Call or Calls in connection with a Home Equity Loan.”

Plaintiff’s attorneys are seeking 30% of the settlement fund (or approximately $4.8 Million) for their efforts on the matter while class member awards will receive be between $25 and $75. The Class Representatives could pocket $20,000 for “time and effort they have personally invested in the case.”

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If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.

Foreclosures, Timothy Kingcade Posts

Florida Homeowners Could Recover $19 Million in Wells Fargo Class Action Settlement

A class action case brought on behalf of thousands of homeowners across the state alleges that they were subjected to so-called force- or lender-placed insurance through their Wells Fargo Bank Mortgages. As many as 24,000 Floridians- many in Broward and Palm Beach counties- were assessed excessive premiums with QBE Insurance after being “forced” into coverage with the insurer when either their mortgages were deemed in default or their homeowners’ policies were determined to have lapsed, plaintiffs’ attorneys alleged. The class-action case was originally certified in July 2012 and scheduled for a July 2013 trial.

According to court documents, members of the class paid insurance premiums amounting to about $77 million. If it’s approved, class members who paid the QBE premiums will get back 25 percent of what they paid. Those who were charged but did not pay will receive a credit equal to 25 percent of the charges they were assessed toward their mortgage balance. Plaintiffs’ attorneys will send letters to the homeowners who are eligible for the settlement, if it is approved. They have also set up a website, www.fpilitigation.com, to process claims.

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Choosing the right attorney can make the difference between whether or not you can keep your home. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the website, www.miamibankruptcy.com.