Shawn Harrington, et al v. Wells Fargo Bank, N.A.
Case No. 1:19-cv-11180-RGS

Frequently Asked Questions

 

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  • In the lawsuit, the Plaintiff alleges that Wells Fargo violated the Massachusetts Consumer Protection Act, M.G.L. c. 93A § 2, et seq. (“MCPA”), and the Massachusetts Debt Collection Regulations, 940 CMR § 7.00, et seq. (“MDCR”), by placing in excess of two calls regarding a debt within a seven-day period to Plaintiff and other Massachusetts consumers.

    Wells Fargo denies any wrongdoing and denies that it violated the MCPA, the MDCR or any other law.

    Both sides have agreed to settle the lawsuit to avoid the cost, delay, and uncertainty of further litigation.

    You can read Plaintiff’s Complaint, the Settlement Agreement and other case documents on the Important Documents page.

  • In a class action, a Class Representative (in this case, Plaintiff Shawn Harrington) sues on behalf of a group (or a “Class”) of people. Here, the Class Representative sued on behalf of people who have similar claims regarding allegedly excessive debt collection calls.

  • To avoid the cost, risk, and delay of litigation, the Parties reached a settlement agreement as to Plaintiff’s and the Class claims.

  • For settlement purposes, the Court has certified a Class consisting of all people who meet the following definition:

    The individuals who were borrowers on a Wells Fargo Auto loan who may have received in excess of two telephone calls from Wells Fargo Auto in Massachusetts within a seven-day period to their residence, cellular telephone, or other telephone number regarding their automobile debt between April 26, 2015, and December 31, 2019, as reflected on the Class List.

    There are 20,757 Settlement Class Members.

  • You do not need to do anything to recover. If the Settlement Agreement is approved, the Settlement Fund, minus administrative costs, attorneys’ fees and costs and any incentive award to the named Plaintiff, will be distributed by a mailed check directly to Settlement Class Members in an equal amount.

    If some Settlement Class Members do not cash the Initial Settlement Check, those uncashed funds will be distributed equally in a Second Settlement Check to all Settlement Class Members who did cash their first check.

    If any amounts are remaining from the uncashed Second Settlement Checks, those amounts will be provided to a charitable organization. The parties have recommended the Commonwealth of Massachusetts United Ways.

  • By staying in the Class, all of the Court’s orders will apply to you, and you give a “release” for any claims arising from allegedly excessive telephone calls to you. A release means you cannot sue or be part of any other lawsuit against Wells Fargo and the Released Parties about the claims or issues in this lawsuit and you will be bound by the Settlement Agreement.

  • The Class Representative will receive his portion of the settlement as a Class Member and an incentive award for having pursued this action. The Class Representative requested an Incentive Award of $7,500, which was approved by the Court.

  • To represent the class, the Court has appointed attorneys with the law firm of Lemberg Law, LLC, 43 Danbury Road, Wilton, CT 06897 as “Class Counsel.”

    Class Counsel requested an award of attorney’s fees of no more than 33% of the Settlement Fund and for reimbursement of expenses.

  • The deadline to request exclusion from the Class was December 7, 2020 and has passed.

     

  • The deadline to object to the Settlement was December 7, 2020 and has passed.

  • No, you did not have to attend the Fairness Hearing. The Court held a fairness hearing on December 17, 2020 via video conference. The purpose of the hearing was for the Court to determine whether the settlement was fair, reasonable, and adequate and in the best interests of the Class and to rule on applications for compensation for Class Counsel and an incentive award for the Class Representative. The Court granted final approval of the Settlement on December 18, 2020.

    YOU WERE NOT REQUIRED TO ATTEND THIS HEARING TO BENEFIT FROM THIS SETTLEMENT.

     

  • Additional information and documents, including case documents, are available on the Important Documents page, or you can call 1-888-921-0729.

PLEASE DO NOT TELEPHONE OR CONTACT THE DISTRICT COURT OR THE CLERK OF THE DISTRICT COURT REGARDING THIS SETTLEMENT.

For More Information

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Mail

Harrington v. Wells Fargo
c/o JND Legal Administration
PO Box 91344
Seattle, WA 98111