New Lawsuit Alleges Wells Fargo Execs Knew About Auto Insurance Scam for Years

Matt Posky
by Matt Posky

Roughly a year ago, Wells Fargo got itself into hot water over shady business practices relating to widespread auto insurance and mortgage lending abuse. After a lengthy investigation, the Consumer Financial Protection Bureau and the Office of the Comptroller of the Currency eventually suggested Well Fargo pay $1 billion to “resolve” the governmental probes. President Donald Trump then said federal agencies needed to go after the bank hard to set an example. The agencies came back with a consent order saying it was time to pay up.

Despite the insurance issue affecting an estimated 800,000 customers over a four-year period, Wells Fargo seemed able to recover from the scandal and move past it. However, new allegations claim the bank’s leadership was aware customers were probably being overcharged several years before it finally cancelled the program.

The insurance program ended in 2016, right around the time government agencies took an interest. Before that, Wells Fargo was charging thousands of auto loan customers for insurance they didn’t need and often didn’t even know about — causing some to default on loans and have their vehicles repossessed. The bank ultimately compensated those individuals, citing corporate ignorance as the primary culprit.

According to Reuters, documents from a class-action lawsuit unsealed on Monday point the finger at several executives who were briefed in 2012 about flaws in the auto insurance program. Several executives, including then-General Counsel James Strother and chief auditor David Julian, are among the accused.

While the bank had a legal right to force auto borrowers into purchasing collateral protection insurance (CPI) if they let their own policies lapse, Well Fargo admitted it accidentally forced around 600,000 customers into CPI that already had insurance. Many did not know about the secondary policy and neglected to pay it — resulting in fines and, occasionally, repossession of their vehicle.

This, of course, follows an earlier incident where the bank admitted that certain branches opened millions of phony accounts in customers’ names without their permission in order to reach sales targets. Keeping that in mind, the auto insurance and mortgage abuse seems a little less innocent.

From Reuters:

The lawsuit was originally filed in U.S. District Court, Central District of California, in August. Wells Fargo has fought to keep some details of the case under seal.

The plaintiffs say they are customers seeking reimbursement for wrongful charges, and allege Wells Fargo pushed drivers with poor credit into policies more often than well-off customers.

Wells Fargo was 10 times more likely to force borrowers with damaged credit into CPI insurance than those with high credit scores, according to the lawsuit, which cites an internal bank presentation.

Thus far, the company is working on a remediation plan and hopes to finalize things soon. Wells Fargo initially estimated remediation efforts would cost $64 million. That sum increased after it was determined more borrowers were owed greater amounts. In its third quarter, Wells Fargo set aside $241 million for those affected customers.

[Image: Mike Mozart/ Flickr ( CC BY 2.0)]

Matt Posky
Matt Posky

A staunch consumer advocate tracking industry trends and regulation. Before joining TTAC, Matt spent a decade working for marketing and research firms based in NYC. Clients included several of the world’s largest automakers, global tire brands, and aftermarket part suppliers. Dissatisfied with the corporate world and resentful of having to wear suits everyday, he pivoted to writing about cars. Since then, that man has become an ardent supporter of the right-to-repair movement, been interviewed on the auto industry by national radio broadcasts, driven more rental cars than anyone ever should, participated in amateur rallying events, and received the requisite minimum training as sanctioned by the SCCA. Handy with a wrench, Matt grew up surrounded by Detroit auto workers and managed to get a pizza delivery job before he was legally eligible. He later found himself driving box trucks through Manhattan, guaranteeing future sympathy for actual truckers. He continues to conduct research pertaining to the automotive sector as an independent contractor and has since moved back to his native Michigan, closer to where the cars are born. A contrarian, Matt claims to prefer understeer — stating that front and all-wheel drive vehicles cater best to his driving style.

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  • Nrd515 Nrd515 on Nov 08, 2018

    I had a credit card with WF years ago and I killed it off after paying it off. I still have a couple of BoA accounts, but those are on my kill list. I'm either going to transfer them to another bank's card, or just pay them off and then kill them. I've already told them why,the BS annual fees and one one of them, a very high interest rate. If they don't drop it down to the other one's rate, I will get rid it, ASAP. If I could go back in time, I would have rethought some of the financial choices we made in the 90's and early '00's and just stayed home and lived as cheaply as was possible and paid off everything I owed. I have plenty of money coming in, it's just how much is going out to CC debt that was a necessary evil at the time it was created.

  • Civicjohn Civicjohn on Nov 10, 2018

    @highdesertcat, thank you for the information. I’m going to apply and see what happens. Very much appreciated.

  • Kwik_Shift_Pro4X The dominoes start to fall...
  • IBx1 Get the standard established, then stop building the chargers while you let others license the design from you to build more stations with your standard disgusting
  • IBx1 “Dare to live more”-company that went from making the Countach and Diablo to an Audi crossover with an Audi engine and only pathetic automatic garabge ”live mas”-taco bell
  • Pianoboy57 Not buying one of these new when I was a young guy was a big regret. I hated the job I had then so didn't want to commit to payments. I did own a '74 Corona SR later for a short time.
  • FreedMike This wasn’t unpredictable. Despite what the eV HaTerZ kLuBB would like you to believe, EV sales are still going up, just not as quickly as they had been, but Tesla’s market share is down dramatically. That’s the result of what I’ve been saying for a long time: that the competition would eventually start catching up, and that’s exactly what’s happening. How did this happen? It boils down to this: we’re not back in 2019 anymore. Back then, if you wanted an EV that wasn’t a dorky looking ecomobile like a Leaf or Bolt, it was pretty much Tesla or bust, and buyers had to deal with all the endemic Tesla issues (build quality problems, bizarre ergonomics, weird styling, and so forth). That’s not the case today – there is a ton of competition, and while these newer models aren’t quite there when it comes to EV tech, they’re getting closer, and most of the Tesla weirdness just doesn’t apply. And then there’s this: stale product is the kiss of death in the car biz, and aside from the vanity project known as Cybertruck, all of Tesla’s stuff is old now. It’s not as “bleeding edge” as it used to be. For a company that made its’ bones on being on the forefront of tech, that’s a big problem.I don’t think Tesla is out of the game – not by a long shot. They’re still the market leader by a very wide margin, and their EV tech is the best in the game. But they need to stop focusing on stuff like the Cybertruck (technically fascinating, but it’s clearly an Elon Musk ego trip), the money/talent suck that is FSD, and the whole robotaxi thing, and put product first. At a minimum, everything they sell needs a very heavy refresh, and the entry level EV is a must.
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