Wells Fargo Mortgage Rep Demanded 'Phone Fun,' Nude Pics From Customer: Lawsuit

A Wells Fargo customer service rep demanded that a customer have "phone fun" with him before he would correct an erroneous transaction, according to a recently lawsuit filed in New Jersey. (Hat tip to Courthouse News Service.)

While on a business trip, Jamie Nelson, whose mortgage is owned by Wells Fargo, noticed that the bank had wrongly taken money out of her personal checking account. Nelson, according to the lawsuit, then contacted Wells Fargo's Home Mortgage Division and asked it to refund the money.

Neslon gave her cell phone number to an employee who called himself, "Michael," the lawsuit states. "Michael" contacted Nelson via text message and demanded that Nelson have "phone fun" with him. A text came from the defendant which said "Are you near a bathroom?" which, Neslon says "clearly implied that he wanted naked photographs in exchange for providing his customer service."

The lawsuit, which is aimed at both "Michael" and Wells Fargo itself, states that Nelson suffered emotional distress which will require future medical attention.

UPDATE: In an emailed statement, a Wells Fargo spokesperson said the bank "takes the allegations seriously and will investigate and respond appropriately."

READ the lawsuit:

PhoneFun

Comments

[mazzyrae]

10:07 PM on 06/06/2010

No one spent the entire day on the phone except this creep Mike....he text her for 10 hours after she asked him to leave her alone and he text over 75 messages. If you don't know, don't assume. Its unacceptable sexual harassment, on top of blackmailing her for her own money back. Sue Creeper Mike and Wells Fargo for doing nothing about this for 6 months until the media got word...This lawsuit must happen so maybe this nonsense doesn't happen again.

[absurdity]

02:37 PM on 05/26/2010

I know of this person. She had a short and professional conversation with the Wells Fargo Rep, with her explaining to him she was traveling on business and needed her money to get home. She was told by management that nothing could be done to reverse the wrongful transaction, on that day. That is when the wells fargo rep asked for her cell phone so he could text her, saying he had advice that would help her. Therefore, the "Sexting" requests began after she got off the phone with the wf rep. There were numerous text messages over many hours in which the girl was not responding to the wf rep. She did not send him any pictures or engage in this erroneous behavior whatsoever. She was totally harrassed unnecessarily because she is a woman and she was in a vulnerable situation, due to a withdrawl of funds by her bank, on a day she did not authorize. People should get their facts straight before jumping to any conclusions and passing judgement.

[Disgraced]

08:29 AM on 05/25/2010

Michael Doe (who remains ononomous) has probably done this to countless other women. Why is he held private, yet the victim's name is disclosed by the media? That is wrong. Being a woman in business travel, this is very alarming. Wells Fargo only comment when brought to their attention at the time, was "we are looking into the matter". In the interim she is stranded in a strange city because her own bank stoled her money. This guy has probably gotten away with this for quite some time. I would love to see Wells Fargo comments on why they did nothing for months. This woman had no recourse other than to take legal action after reporting this to the bank and the authorities/police immediatley. She was stranded on a business trip alone, as her bank held her money hostage...this is the most sickening thing I have heard of. I hope other victims come forward, they deserve a class action lawsuit. The pervert needs to be behind bars..he violates women. Shame on anyone who thinks this woman is out for a lawsuit. The shame should be directed toward Wells Fargo for their of investigation and action.

[VegasWolf]

10:59 AM on 05/21/2010

Gives a new twist on "Too big to fail."

[PhillyQuaker]

10:31 AM on 05/21/2010

Just applied for a position at WF...good gracious!

[BonnieOBrien]

01:26 PM on 05/20/2010

I know this girl and this was a horrible experience. First they take the money out of her account, and then this jerk asks for her cell phone number, and then starts texting her this crap about "if you help me, I will help you". This happened in October, 2009 and Wells Fargo knew then. Only when it comes out in the public media do they become concerned. This guy knew where she lived and everything about her based on her mortgage application and she only knew his first name. Pretty scary scenario on top of the fact that he continued to text her over ten hours thereafter. She had to borrow money to get home because they didn't put the money they erroneously took out of her account back for days.

This is an absolute disgrace and not only scared her then, but now has further humiliated her in the public. Read the statements, you people comment when in fact you know nothing.

[robpolach]

12:09 AM on 05/25/2010

Scary situation - yes. Physical harm? - No. People are so lawsuit crazy these days.
"...but now has further humiliated her in the public" She is the one who decided to take it public.

[Disgraced]

07:46 PM on 05/25/2010

Emotional distress, yes obviously..physical that is legal terminology once it gets in the hands of a law suit. The victim did NOT take this public, check your sources with the media who can get any/all court records. If was they who took it public. Why would any woman want this publicized, it's humiliating enough without it going public. That said, now that it's in the public eye, see the reality of the situation and attack the "attacker" not the victim. When a large financial institution ignores your complaint, there was no other choice than to take it to the police and let the law find justice.

[lastpost]

07:18 AM on 05/20/2010

“Wells Fargo Mortgage Rep Demanded 'Phone Fun”
With routines this hilarious, you really ought to be on the stage.
Fortunately, there'll be one leaving in five minutes.

[KennebunkportIndependent]

02:00 AM on 05/20/2010

I presume the conversation was taped ('for staff training purposes')? Subpoena the tapes, and the outcome will be quick: a fired staff member, a quick payoff to the offended. Move on.

[KennebunkportIndependent]

01:57 AM on 05/20/2010

So glad I sold all my bank shares when Northern Rock went belly up three years ago. Big banks = organized, condoned corruption.

[JShankel]

12:52 AM on 05/20/2010

Hey, you know, folks are welcome to as many pictures of my junk as they want if I can get 20 years fixed at 4.75% and no points.

[munki]

12:38 AM on 05/20/2010

It needs not to be Wells Fargo, things happen and I can tell you that - morale today is so bad.
Banks should look at how they treat employees. CEOs and executive siphon all $$$ what is left for others??? also training???

THIS IS WHY WE DEMAND :STOP GREED and abuse!!!

[Adam Bomb]

06:57 AM on 05/20/2010

Greed is a trait embedded into us through thousands and thousands and thousands of years of development as a species. Good luck.

[Eris23Skidoo]

05:28 PM on 05/20/2010

Nah, just over the couple-hundred years that we've had a "free" market system.

[Amy Warner]

12:03 AM on 05/20/2010

She was injured "permanently" and "severly" both mentally and physically?! Wow! I've been physically assaulted with less damage that what this woman is claiming to have sustained. The guy is a total DB, do doubt. She should have reported his rear end immediately to his supervisor instead of spending "all day" trying to get him to help her. She should have taken it as far as she needed to take it up the chain of command and demanded her money back, but this is ridiculous. I was a Wachovia customer and when the Wells Fargo merger became final, I went from being reimbursed for non-Wachovia ATM transactions, to having to PAY $2.50 per transaction every time I don't use a Wells Fargo ATM. Now THAT, my friends, causes me some damage!

[munki]

12:39 AM on 05/20/2010

$$$ talk and hungry $$$ people ...

all over

[Graceless]

02:00 PM on 05/20/2010

Blaming the victim is a well-known and much-participated in activity....but it is still disgraceful.

[micaroni715]

11:49 PM on 05/19/2010

Should the employee be terminated?
Of course.
She should receive reimbursement and an apology.
No lawsuit needed.

[munki]

12:41 AM on 05/20/2010

I agree and perhaps, if she is so fragile, she can obtain counseling from CEO compensation.

[Disgraced]

08:16 AM on 05/25/2010

Get your facts straight before commenting. Where was it stated that she is a CEO? I love how the victim suddenly turns into the villian here. Her name has been tarnished, yet he remains ononomous and protected. No, she did NOT take it public, the court records and the media made it public. Did she wait to take action? NO, she did escalte the matter to Wells Fargo Bank immediately, and they did nothing. Was there mental stress, of course there was. How would you like to be traveling on business and find you've been robbed and funds cleaned out of your checking account and stranded. Wells Fargo should be ashamed for their lack of investigation. This CSR should be arrested for the sick thing this guy tried to pull. Why doesnt' the media disclose "Michael Doe's" name in the press!! She had no recourse but to get an attorney involved...Wells Fargo and Michael Doe were getting away with it, and taking NO action. Shame on them.....they deserve to be sued in this case. I'm sure there are more victims that will come forward now.

[Ordog]

11:38 PM on 05/19/2010

I'm sure if it was the other way around, a customer harassing a bank employee, the customer would already be jailed, the bank error uncorrected, and compounding bank fees until the debt became some huge figure...

[WAY2MCCOOL]

10:37 PM on 05/19/2010

He was a D-bag who came onto a woman in a very unprofessional manner. He deserves to be fired, but suing for needing "future medical attention"?? Really? If it was in a bar the girl would've thrown a drink in his face or kneed him in the crotch... not file a lawsuit for emotional distress and medical attention C'mon... REALLY? It happens to me all the time, I don't think about running to a lawyer to sue everyone. Suing is peoples way of wining the lotto these days..it's a part of the same sickness that has corrupted corporations who're greedy for profit no matter what.

[Mysteryprincess]

10:51 PM on 05/19/2010

She deserves to win the lawsuit, but for blackmail and fraud on the part of Wells Fargo. She shouldn't have to claim injury.

[Eris23Skidoo]

05:41 PM on 05/20/2010

Some guy in a bar doesn't have her personal information. Since she knows nothing about this guy she is probably wondering if she should MOVE so he can't turn her into a victim. That would make it pretty tough to sleep at night. Think about it.