Peña, et al. v. Wells Fargo Bank, N.A.
Wells Fargo DACA Settlements
Case No. 3:19-cv-04065-MMC

WELCOME TO THE PEÑA, ET AL. V. WELLS FARGO BANK, N.A. SETTLEMENT WEBSITE

IF YOU HAD DEFERRED ACTION FOR CHILDHOOD ARRIVALS (“DACA”) AT THE TIME YOU APPLIED FOR AND WERE DENIED A DIRECT AUTO LOAN FROM WELLS FARGO, YOU COULD GET ONE OR MORE CASH PAYMENTS FROM THIS CLASS ACTION SETTLEMENT.

Important Update:

The Court held the Final Fairness Hearing on January 8, 2021 and issued the Final Judgment and Order.

What is this lawsuit about?

The lawsuit claims that Wells Fargo unlawfully discriminated against DACA recipients by making them ineligible for direct auto loans. It also claims that Wells Fargo unlawfully pulled DACA recipients’ credit reports without a permissible purpose, and unlawfully misstated the reason their applications for credit were denied. This settlement obtained different relief for people who lived in California at the time their application was denied (the “California Class”) and everyone else (the “Nationwide Class”), due to the different protections available under California and federal laws.

Wells Fargo denies Plaintiff’s claims and maintains that its policies complied with the law.

In connection with this settlement, Wells Fargo has agreed to change its lending policies to make DACA recipients eligible for direct auto loans and to make cash payments to members of the California Class and the Nationwide Class.

Who is included?

You are a member of the Nationwide Class if you resided anywhere in the United States other than California as noted in Wells Fargo’s records and had valid, unexpired DACA status at the time you applied to and were denied at least one direct auto loan between July 16, 2017 and August 21, 2020.

You are a member of the California Class if you resided in California as noted in Wells Fargo’s records and had valid, unexpired DACA status at the time you applied to Wells Fargo and were denied at least one direct auto loan between July 16, 2017 and August 21, 2020.

If you do not have DACA now and did not have DACA in the past, you are not a Class Member, and your rights are not affected by this settlement.

What does the Settlement provide?

The Settlement provides cash payments and changes to Wells Fargo’s lending policies. First, Wells Fargo has agreed to change its policies so that DACA recipients are eligible for direct auto loans on the same terms and conditions as those loans are offered to U.S. citizens as long as there is an appropriate product. In other words, Wells Fargo will not consider whether an applicant has DACA in deciding whether to offer credit.

Second, Wells Fargo has agreed to make cash payments to Class Members who timely submit a Verified Claim Form. The number of cash payments will be based on each Class Member’s number of applications and denials of direct auto loans from July 16, 2017 through August 21, 2020 that are contained in Wells Fargo’s direct auto loan application database.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

ACTION EXPLANATION
SUBMIT A CLAIM
(passed)
This is the only way to receive a payment in this Settlement.  You will need to provide official documentation of you valid DACA status at the time of your denied application. The deadline to file a Claim Form was November 24, 2020 and has passed.
EXCLUDE YOURSELF
(passed)
If you exclude yourself from the settlement, you will receive no payment and you cannot object to the settlement. The deadline to exclude yourself was November 24, 2020 and has passed.
OBJECT
(passed)
You may write to the Court about why you believe the settlement is not fair or reasonable. The deadline to object was November 24, 2020 and has passed.
GO TO A HEARING You must object in writing in order to appear at the Fairness Hearing to speak to the Court about the fairness of the settlement. The Final Fairness Hearing is scheduled for January 8, 2021.
DO NOTHING If you do nothing you will not receive any payment and will not be able to sue Wells Fargo separately about these legal claims.

 

For More Information

Visit this website often to get the most up-to-date information.

Mail

Peña v. Wells Fargo Bank
c/o JND Legal Administration
P.O. Box 91377
Seattle, WA 98111