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Online Critics Decry Even More Wells Fargo Fraud Scandals (boingboing.net)

On Saturday author/blogger Cory Doctorow launched a new barrage of criticism towards Wells Fargo: It's been a whole day since we learned about another example of systematic, widespread fraud by America's largest bank Wells Fargo (ripping off small merchants with credit card fees), so it's definitely time to learn about another one: scamming mortgage borrowers out of $43/month for an unrequested and pointless "home warranty service" from American Home Shield, a billion-dollar scam-factory that considers you a customer if you throw away its junk-mail instead of ticking the "no" box and sending it back.

$43/month gets you pretty much nothing: people who tried to actually use their AHS insurance found it impossible to get them to actually do anything in exchange for this money. Here's a quick Wells Fargo fraud scorecard: stealing thousand of cars with fraudulent repos; defrauding mortgage borrowers; blackballing whistelblowers; creating 2,000,000+ fraudulent accounts, and stealing millions with fraudulent fees and penalties.

Life Pro Tip: if you don't like banks, join a credit union.

32 of 213 comments (clear)

  1. Negative agreements aren't legal in some places. by Z00L00K · · Score: 4, Informative

    The habit of having a "negative agreement" where you have to check a box and send back if you don't want a service is not legal in some areas.

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
  2. Re:Negative agreements aren't legal in some places by Anonymous Coward · · Score: 5, Insightful

    I'm surprised that they're legal *anywhere*.

  3. Re:Negative agreements aren't legal in some places by skovnymfe · · Score: 4, Funny

    There’s no point in acting surprised about it. All the planning charts and demolition orders have been on display at your local planning department in Alpha Centauri for 50 of your Earth years, so you’ve had plenty of time to lodge any formal complaint and it’s far too late to start making a fuss about it now What do you mean you’ve never been to Alpha Centauri? Oh, for heaven’s sake, mankind, it’s only four light years away, you know. I’m sorry, but if you can’t be bothered to take an interest in local affairs, that’s your own lookout. Energize the demolition beams.

    I'm not entirely sure how this quote applies to the situation described in the article, but if we make the effort I'm sure we can find a way.

  4. Re:if you don't like banks... by Anonymous Coward · · Score: 5, Insightful

    Or perhaps you're just one of the millions of people who've been screwed.

  5. I do not understand... by Anonymous Coward · · Score: 4, Insightful

    Why these recidivist fuckers aren't in jail ? Is that because they're WASP ? Is that because white collar crimes actually pay well ? Where the God damn fuck is justice in all of this ?

    1. Re: I do not understand... by Anonymous Coward · · Score: 2, Insightful

      Not because they're WASP, but because they're RICH.

    2. Re:I do not understand... by Anonymous Coward · · Score: 2, Informative

      Why these recidivist fuckers aren't in jail ?

      Because they're "too big to fail".

      Where the God damn fuck is justice in all of this ?

      If you have to ask, you can't afford it.

    3. Re:I do not understand... by swb · · Score: 5, Interesting

      Many reasons.

      * WF is huge, which means they have vast legal resources.
      * Much of what they do is at the margins of legal
      * The people losing money don't have many resources and their losses are relatively small
      * Investigating and prosecuting them is a massive effort that strains the budgets of State AGs
      * Finding culpable individuals in the organization and proving fraudulent intent is really difficult

      I was actually surprised that the "account scandal" got sorted out like it did (CEO resigned, clawbacks of executive bonuses, etc). It probably had something to do with the actions being closer to actual criminal fraud.

      Unfortunately I think we have two problems. One, we're a huckster culture, where we generally allow for fraudulent behavior as "good salesmanship".

      The other is an economy with marginal broad growth which forces large companies to pursue more and more dubious income to make up for the lack of growth in their sector's organic income. In theory, banks should be natural profit centers -- if the economy is growing, they basically make a percentage off that growth through loans and money handling. But they face an economy with marginal growth and increased growth expectations, so they have to grind out these increases on the margins of their business.

  6. Contract Crapware by mentil · · Score: 3, Interesting

    Sign a contract for service X, get unwanted service Y in addition slipped into the hundreds of pages of legalese. Who's going to refuse to sign mortgage papers over a $43/month bullshit charge? Especially if it's a contract of adhesion and you can't just cross it out? It's like crapware that comes preinstalled on a name-brand computer, they get a kickback for each install. Remember: it's not fraudulent fees and penalties, it's "innovative financial services."

    --
    Corruption is convincing someone that the selfless ideal is the same as their selfish ideal.
    1. Re: Contract Crapware by Anonymous Coward · · Score: 2, Interesting

      It is also likely that this is an affiliate program where your info is shared by Wells with the insurance company through a joint venture agreement. The insurance company reached out and you threw the crappy insurance offer away. The insurance company informs Wells you accepted their offer and then takes the premium out of your escrow account.

      Everything seems fine until the insurance company screws the customer and Wells gets blamed because "big bank bad".

      Wells more than likely found this in their own internal audits and self disclosed it. They know they screwed up, seriously. They do seem to be trying to root out the crap like this and disclose it before it gets blown out of proportion by the press.

      Not sending Wells fit what they've done but they're getting blamed for other companies screw up right now too.

  7. Re:Life Pro Tip by ls671 · · Score: 4, Interesting

    Desjardins, the biggest credit union in North America has actually become worse than a bank.

    Maybe you can be fine with a small credit union somewhere but the GP is pretty much right nowadays.

    --
    Everything I write is lies, read between the lines.
  8. Why mention Wells Fargo? by Entrope · · Score: 2, Informative

    It's neither legal not ethical for a company to"offer" services on an opt-out basis, but why does this rant focus on Wells Fargo (scummy though they also be)?

    American Home Shield is not owned it operated by WF. It is owned by the same company that owns Terminix, Merry Maids, and some other brands. When you buy a house, the transfer is a public record in most places, and you absolutely will get a lot of junk offers from companies who have no relationship to any of the ones you used.

    1. Re:Why mention Wells Fargo? by geekmux · · Score: 2

      It's neither legal not ethical for a company to"offer" services on an opt-out basis, but why does this rant focus on Wells Fargo (scummy though they also be)?

      American Home Shield is not owned it operated by WF. It is owned by the same company that owns Terminix, Merry Maids, and some other brands. When you buy a house, the transfer is a public record in most places, and you absolutely will get a lot of junk offers from companies who have no relationship to any of the ones you used.

      Wells Fargo is mentioned here because they chose to continue to do business with a company that does not operate a service legally or ethically, as you pointed out.

      And let's call "junk" offers what they should be called; illegal. There's a reason scam is a legal term, and not just a word found in the urban dictionary.

    2. Re:Why mention Wells Fargo? by Zontar_Thing_From_Ve · · Score: 5, Informative

      It's neither legal not ethical for a company to"offer" services on an opt-out basis, but why does this rant focus on Wells Fargo (scummy though they also be)?

      I see you just outed yourself as not reading the link, because had you done so, your question would have already been answered. So since you were too lazy to look, I'll do you a favor and summarize. Various Wells Fargo mortgage customers went over their monthly statements and found a mysterious charge (about $43 a month) for a service they never agree to or asked for, namely the home warranty from AHS. And when customers tried to get Wells Fargo to take it off their bills, they failed. So Wells Fargo fully participated in billing customers for a service they never chose to receive and that's why the rant focuses on them.

    3. Re: Why mention Wells Fargo? by geekmux · · Score: 4, Interesting

      Not all junk offers are illegal.

      My point is perhaps they should be. And until you can clearly define the difference between a scam and a "junk offer", perhaps we should get rid of the latter bullshit term and call it what it is.

      I already said that if the company did what the summary described, it was illegal. What more do you want?

      From TFS:

      "Here's a quick Wells Fargo fraud scorecard: stealing thousand of cars with fraudulent repos; defrauding mortgage borrowers; blackballing whistelblowers; creating 2,000,000+ fraudulent accounts, and stealing millions with fraudulent fees and penalties."

      There's certainly more than one reason Wells Fargo was called out here. Commonly referred to calling a spade a spade. What more do I want? Shutting down unethical and corrupt businesses would be a refreshing start. Either that, or get rid of laws that define ethics in business; we obviously ignore the shit out of them anyway.

    4. Re:Why mention Wells Fargo? by AnalogDiehard · · Score: 2

      When you buy a house, the transfer is a public record in most places, and you absolutely will get a lot of junk offers from companies who have no relationship to any of the ones you used.

      Mailboxes are getting useless. Currently almost all of my important mail goes to a post office box because I have had problems with identity theft from stolen mail. When I got involved in elder care with my parents and my Dad kept misplacing important mail, I filed a forwarding with the post office; the ONLY mail that got forwarded was the junk mail. Statements and bills do not get forwarded, I had to call each office and arrange the mail forwarding.

      I have used PO boxes for the last 20 years and they are superior to the mailbox in front of the dwelling. It is much more secure - the staff there will not give your mail to anyone else. A house address can be found on the internet (there is a benefit to ego searching), but I have yet to find the PO box on the internet. It is easy to change - if the box starts getting inundated with junk mail (or mail from a vindictive ex), I can move to a new box, give the change of address to official parties, and all legitimate mail moves to new box and junk mail is left behind. Yes there is an additional cost with annual box rental and fuel to pick up mail, but the peace of mind is worth it.

      I am saving $$$ to build my own house and it will be the house I retire in. Since the house being public record will be broadcast to the junk mail marketing bastards, I refuse to install a mailbox. From then on, all important mail goes to a PO Box.

      --
      Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
  9. Re:Life Pro Tip by jabuzz · · Score: 5, Informative

    The difference is that they are owned by the depositors. Hence they are not subject to the same commercial pressures that regular banks are. Unfortunately most of the mutual financial organizations in the UK where destroyed in the 1980/1990's when the building societies converted to banks. During the financial crisis the building societies in the UK weathered the storm much better than the banks and demutilized former building societies did for example.

  10. Re:Negative agreements aren't legal in some places by Orphis · · Score: 4, Funny

    Where is it legal? Asking for a friend and his company with the amazing monthly paper clip delivery service that's just $999 a month.

  11. Re: Negative agreements aren't legal in some place by mwvdlee · · Score: 3, Funny

    Trump speeches sound like Vogon poetry.

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    Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
  12. Re: Negative agreements aren't legal in some place by skovnymfe · · Score: 4, Funny

    Oh freddled covfefe,

    Thy micturations are to me,

    As plurdled gabbleblotchits,

    On a lurgid bee,

    ...

  13. Actions speak louder than lists by geekmux · · Score: 4, Insightful

    "Here's a quick Wells Fargo fraud scorecard: stealing thousand of cars with fraudulent repos; defrauding mortgage borrowers; blackballing whistelblowers; creating 2,000,000+ fraudulent accounts, and stealing millions with fraudulent fees and penalties."

    Lists of blatantly corrupt and illegal activities don't mean jack shit unless you do something about it.

    And by do something, I mean shut them the fuck down, and throw executives in prison.

    Since Greed N. Corruption took over as CEO of US Capitalism, Inc. that will never fucking happen.

    How ironic that if any US citizen did this, it would be labeled terrorism. The fact that nothing is ever done only clarifies just how unethical and corrupt the Banking Industrial Complex has become.

  14. My home warranty has been useful by scourfish · · Score: 2

    We bought a house and the seller paid for a year of a home warranty service. So far, we have had plumbing snaked out, The garage door repaired, and our dishwasher replaced, free of charge.

    1. Re:My home warranty has been useful by DigiShaman · · Score: 3, Interesting

      Motherfucking worthless when the AC compressor dies! Mine was covered under the home warranty, but because it used the old older R22 system (which I'm sure at least 95% of Americans are still using), they couldn't, or rather, wouldn't replace it for an R410a system. One, can't get new-old stock compressor, and two, they wouldn't cover the entire labor of flushing out the lines and replacing the the evap coil that goes with it. I even stated I would meet them half way if they at least replace the compressor and labor for just that part, and I'd pay for the flushing and coil. NOPE! They couldn't warranty it based on that.

      So here's the deal. If you have an R22 system, and you bought home warranty, chances are you got royally fucked. They will NOT take the 5 grand hit for the mandated chuck and replace to be federally compliant with R410a system.

      Hope you boys and girls have a nice little nest egg saved to replace your AC when it dies (because they all do eventually). Otherwise, I need to invest in company stock that builds window units. Holy shit!

      --
      Life is not for the lazy.
  15. There's other shady crap they pull too by ausekilis · · Score: 3, Insightful

    Years ago I got mail from them regarding my credit card. I had been signed up for "Credit Defense", which WF charged some % of your monthly balance to put toward a pot that you could draw on should you be unemployed for a length of time. I didn't think much of it and didn't care because I didn't have a high balance.

    Fast forward a few years and couple moves later and my balance was a bit higher. To top things off, this charge was getting between $50 and $60 every month, which was making payments harder. Basically my story was a lot like this guys. I called up WF, they told me to call this third party company. I call them "Sorry, I can't refund". So I broken record the assholes, "So send me to someone who can". A few people later and I can "file a complaint" or whatever their lingo was. They had to prove that I had signed a document allowing them to charge me. They couldn't, so I got refunded near $2k for my troubles. No bogus charges since.

    If it weren't for having my longest running line of credit with them, I'd have walked into a branch, shredded my credit card and given them the two finger salute years ago.

  16. Re:Read Before you Sign by Anonymous Coward · · Score: 3, Interesting

    Have you ever actually bought a house?
    Typically you're in a room with a Realtor, who works for the seller, because the Realtor always works for the seller, that's who pays them (even if you think they're working for you), a real estate lawyer, who works for the Realtor, and maybe a seller, if its a private sale. There's a stack of papers about three inches high and you have to sign about fifty times and initial another twenty. The lawyer has set aside about twenty minutes to do all this and reading everything is impossible, not to mention it requires both a law degree and an economics degree to understand what's been written.

  17. I've had both by Euroranger · · Score: 5, Interesting

    Wells Fargo for my mortgage for 10 years, AHS for about 7 years. I'm currently battling Wells against their attempts to foreclose on my home (for the second time) and I dumped AHS 3 years ago after I got a local consumer investigative reporter to contact them regarding fraudulent work their chosen AC contractor told me I HAD to pay for (new pad for a replaced AC unit when the old pad was fine, new wiring harness for same when the old was fine, etc). Wells had been okay with my incremental catch up payments for 6 months (I'm behind due to a recent divorce)...but last month I made the mistake of telling them I'll be current probably within 60-90 days...and 5 days later I got the "pay us now or we accelerate the loan to foreclosure by 8/23". I have the ability to do that so I will...but it pisses me off that a previously agreed upon plan was jettisoned when they understood that the late payment penalties are about to stop and they'll lose any legal chance to steal my home. Effing bastards. I can't recommend more strongly for any and everyone to avoid both these companies as if they were plutonium gonorrhea.

  18. Re:Read Before you Sign by TheRaven64 · · Score: 2

    That sounds pretty bad. In the UK, the buyer and seller each have their own solicitor. Typically, all communication happens via the two solicitors (which can sometimes involve long round-trip times) and anything that you're supposed to sign will be first read by your solicitor, who should point out anything that looks dubious.

    The French system is much better. The estate agents work for the buyer and have a legal responsibility to them: they are liable for any costs incurred by the buyer that the buyer was not aware of up-front (which means that they have an incentive to have a surveyor look at any property that they're selling and ensure that they have records or pointing out anything important in it to the buyer).

    --
    I am TheRaven on Soylent News
  19. Re:Read Before you Sign by Anonymous Coward · · Score: 2, Informative

    Yes, I have bought dozens of houses. I am aware that it is a lot of paperwork. That is not an excuse to ignore any of it, nor it is an excuse not to have your own attorney thoroughly review them with you.

    Reading everything is not impossible by any stretch of the imagination. If your lawyer only spends 20 minutes on it, you need to tell them that is unacceptable and make them read everything.

    Making the largest purchase you'll make in your lifetime is not a time to be uneducated and complacent.

  20. Different but the same by andyring · · Score: 2, Interesting

    My son's school pictures arrangement is about like this too. Some company called Lifetouch contracts with the schools for school pictures. OK, no big deal, right?

    If only...

    So here's what they do. They herd the kids through the usual picture rigamarole and then a few weeks later, there is a proof image to look at and parents can decide which poses the want, right?

    Oh no. Not at all.

    A few weeks later, a full print set with all the usual sizes shows up in my son's backpack. A few 8x10s, some 4x6s, a bunch of wallets. Probably about the $25-30 package. Printed, ready to go, in his backpack. And Lifetouch puts a letter in there saying (paraphrased): "Hey mom and dad! Here are the wonderful pictures of your super cute kid! We already printed them for you, if you want to keep them just send a check back to the school. Or if you hate your kid and think he's ugly, send them back with a note to the teacher. Oh, and if you keep them and don't pay, we'll just kick your kid out of the photo line next year."

    And not to mention what happens if you do send them back. Who knows? I bet they don't actually get sent back to Lifetouch. My guess is a pile of crisp 8x10 photos with all the identifying information a sexual predator would want printed right on the envelope goes straight into the dumpster.

  21. Re:if you don't like banks... by hey! · · Score: 2

    It's not the gulf, it's the conflict of interest on the bank's part between its retail and investment activities, as illustrated by the sub-prime mortgage crisis of 2008. Even where they weren't technically gambling with depositors' funds, their investment activities put them in a position where they were in danger of failing while holding onto those funds.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  22. Re:if you don't like banks... by jellomizer · · Score: 2

    The problem is the banks, don't like normal citizens. With penalties on being too poor (High Interest Loans, too small of a balance, overdraft fees, etc...) If you try to get out of the bank they charge you for leaving the bank. As a citizen and getting dinged for trying to survive, they may not like these banks.

    If you had millions of dollars in the bank, they treat you like gold, give you low interest loans, greater interest on your account....

    Yes I understand the millionaire is a lower risk, so they get these perk, because the chance for reward is so high. However ethically it is bad.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  23. Re:if you don't like banks... by hey! · · Score: 3, Insightful

    You're talking in vague, hand-wavy analogies here. What's actually going on is the banks are creating an obligation (to you) in exchange for liquidity. The bank then converts that liquidity into productive assets (loans and investments), subject to the requirement that they retain enough to service likely account demands in the near future.

    And either way, it doesn't mean that the banks can't be regulated. From the 1930s to the 1990s retail banks couldn't undertake certain risky businesses that might jeapordize their ability to meet depositor obligations. That was changed by a law signed in 1999 by Bill Clinton, and ten years later the mix of retail and investment banking contributed to a crisis that almost brought down the world economy.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.