Los Angeles Times

Want a piece of Wells’ settlement?

Here’s what you need to know, and what’s still unknown, about the $110-million agreement

- By James Rufus Koren james.koren@latimes.com

Wells Fargo & Co. this week agreed to pay $110 million to settle a class-action lawsuit over the bank’s creation of as many as 2 million accounts that customers didn’t authorize.

If a judge approves the deal, most of that money will be sent to customers affected by the bank’s practices.

So how much might an individual customer get? And what happens next? Here is what we know so far.

For now, you don’t need to do anything to get some of the settlement money.

Before anything else happens, the settlement must get the preliminar­y approval of a federal judge in San Francisco. Wells Fargo and the attorneys who filed the case will submit a settlement plan to the judge next month. The plan will explain who will be eligible for the settlement and how they will be contacted.

Wells Fargo has identified about 2.1 million accounts that might have been unauthoriz­ed, and it has refunded fees paid on about 130,000 unauthoriz­ed accounts. Customers who have received those refunds — the bank hasn’t disclosed how many that is — will probably receive notices in the mail. (The settlement is separate from the bank’s pledge to refund fees, so customers who received refunds will be still be eligible to participat­e in the settlement.)

To reach customers who might have been affected but haven’t yet been identified, a settlement administra­tor might place advertisem­ents in newspapers and elsewhere, asking customers to come forward.

We don’t know yet how much each person will get, but we should have a better idea next month. Part of the settlement plan is an estimate of potential payouts.

Don’t expect big payments. For starters, customers won’t be splitting $110 million. The lawyers who brought the case could get as much as 25% of that — or $27.5 million — leaving $82.5 million for customers.

The estimated 2.1 million unauthoriz­ed accounts were created from 2011 to 2016. But the settlement applies to accounts created as early as 2009, so the number of potentiall­y unauthoriz­ed accounts could be higher.

If the settlement money were evenly split among 2.1 million accounts — the actual plan is a little more complicate­d — that would work out to a little less than $40 per account.

Many customers say the bank opened several unauthoriz­ed accounts for them, so some people could get more. In a statement, Wells Fargo said settlement funds would be distribute­d based in part on “the number and kinds of unauthoriz­ed accounts.”

The bank and plaintiffs’ attorneys will submit their settlement plan to U.S. District Court Judge Vince Chhabria by April 20.

Other attorneys, ones who filed class-action suits of their own against the bank over unauthoriz­ed accounts, probably will object to the deal. Lawyers in some cases told The Times this week that they believe the deal is premature and far too small. A preliminar­y approval hearing will be held May 18 in San Francisco.

Chhabria could OK the deal — essentiall­y saying it looks fair and reasonable — or reject it, in which case the parties could renegotiat­e or continue fighting in court. If he approves the deal, it would start a months-long process of finding and notifying affected customers.

Customers who don’t like the deal can formally object by writing a letter to the court. Instructio­ns for objecting should be included in the notices customers receive.

Later, Chhabria would have to give final approval before payments would start going out to customers.

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