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Texas: AG Paxton Announces $575 Million Settlement with Wells Fargo for Violating Consumer Protection Laws

EAST TEXAS REVIEW — Attorney General Ken Paxton has announced that Wells Fargo Bank N.A. will pay $575 million to resolve claims that the bank violated consumer protection laws in Texas, 49 other states and the District of Columbia.

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By East Texas Review

AUSTIN– Attorney General Ken Paxton has announced that Wells Fargo Bank N.A. will pay $575 million to resolve claims that the bank violated consumer protection laws in Texas, 49 other states and the District of Columbia through alleged unfair and deceptive trade practices. Texas’ share of the settlement is approximately $47 million. The agreement represents the most significant engagement involving a national bank by state attorneys general acting without a federal law enforcement partner.

Between 2009 and 2016, Wells Fargo opened as many as 3.5 million bank accounts, transferred funds, filed credit card applications and issued debit cards without customers’ knowledge or consent. The bank disclosed that it found 528,000 unauthorized enrollments of customers in its online bill payment service.

In addition, Wells Fargo improperly referred customers for enrollment in third-party renters and life insurance policies; charged auto loan customers for insurance they did not need; failed to ensure that customers received refunds of unearned premiums on certain optional auto finance products; and incorrectly charged customers for mortgage rate-lock extension fees.

The multistate coalition of state attorneys general accused Wells Fargo of imposing aggressive and unrealistic sales goals on bank employees. Workers who met the bank’s sales goals received bonuses, and those who did not risked losing their jobs.

“This settlement holds Wells Fargo accountable for its widespread victimization of its customers through unfair and deceptive trade practices,” Attorney General Paxton said. “My office will continue to do what’s necessary to protect consumers and the integrity of our banks and financial institutions.”

Wells Fargo established a consumer redress review program through which customers who have not been compensated through other remediation programs already in place can have their inquiry or complaint reviewed by a bank escalation team for possible relief. Wells Fargo will create and maintain a website for consumers to use to access the program and will provide periodic reports to the states about the program’s progress. More information on the redress review program, including Wells Fargo escalation phone numbers and the website address, will be available on or before February 26, 2019.

Wells Fargo also agreed to provide remediation of more than $385 million to approximately 850,000 auto finance customers improperly charged premiums, interest and fees for force-placed collateral protection insurance. The remediation will include payments to over 51,000 customers whose vehicles were repossessed. The bank will provide refunds totaling more than $37 million to certain auto finance customers who were deprived of proper refunds for unearned portions of optional Guaranteed Asset/Auto Protection (GAP) products sold as part of motor vehicle financing agreements. Wells Fargo will refund over $100 million to residential mortgage customers for improper rate lock extension fees.

Previously, Wells Fargo committed to providing restitution to consumers in excess of $600 million, and it will pay over $1 billion in civil penalties to the federal government. An order from the Federal Reserve requires the bank to strengthen its corporate governance and controls, and restricts Wells Fargo from exceeding its current total asset size.
View the multistate agreement with Wells Fargo here: https://bit.ly/2EOJtet

This article originally appeared in the East Texas Review. 

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Business

Newsom Signs Addictive Social Media Law to Protect Kids

Newsom said California’s approach focuses on the features that can encourage excessive social media use rather than taking the broader step of banning teenagers from the platforms altogether. He contrasted the measure with restrictions adopted in Australia and Malaysia that prevent teenagers from accessing social media or creating accounts.

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Gov. Gavin Newsom has signed a new California law targeting addictive social media features that can keep children scrolling, giving the state new authority to restrict how platforms engage young users.

AB 1709, authored by Assemblymember Josh Lowenthal (D-Long Beach) prohibits social media companies from giving children under 16 access to personalized feeds, including “For You” pages, as well as other features designed to maximize screen time, such as infinite scrolling and video autoplay.

The law does not prevent children under 16 from using social media. Instead, platforms must deactivate the covered features for those users.

“This is about actually addressing the problem, the scrolling, the algorithms,” Newsom said Sept. 10 during a bill-signing event in the San Francisco Bay Area.

Newsom said California’s approach focuses on the features that can encourage excessive social media use rather than taking the broader step of banning teenagers from the platforms altogether. He contrasted the measure with restrictions adopted in Australia and Malaysia that prevent teenagers from accessing social media or creating accounts. 

The law comes amid growing concerns about the impact of social media on children’s mental health and well-being. California lawmakers have increasingly focused on the design and business practices of technology platforms as part of efforts to protect young users.

AB 1709 is one of 13 youth online safety and privacy laws Newsom signed Sept.10. The package also includes measures regulating AI chatbots, increasing potential penalties for technology companies and establishing additional protections for children using digital services.

Lowenthal said the new rules represent a shift toward greater accountability for technology companies.

“We want oversight. We want accountability. We’re done asking nicely, and we’re demanding that there is a duty of care across these platforms — a duty that puts the wellness of our children ahead of profits,” Lowenthal said.

The law builds on California’s broader effort to regulate children’s online experiences. A separate law, AB 1043, will require users to provide their birth dates when setting up new phones or laptops beginning in January, with device manufacturers required to share users’ ages with apps.

Some youth online safety advocates have supported AB 1709 as a more targeted alternative to outright social media bans. Others have warned that the restrictions could make it harder for some LGBTQ+ young people to find support online and questioned how effectively age requirements can be enforced.

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Black History

Passing for White, Fighting for Black America: The Courage of Walter White

White personally investigated 41 lynchings and eight race riots. On several occasions, his identity was discovered, forcing him to flee for his life. The evidence he collected helped the NAACP expose the brutality of lynching to Americans and strengthen its campaign for federal anti-lynching legislation. His experiences also influenced his 1929 book, “Rope and Faggot: A Biography of Judge Lynch.”

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Walter White. Public domain image.

Walter Francis White was one of the most important civil rights leaders of the first half of the 20th century. For more than three decades, he helped transform the National Association for the Advancement of Colored People (NAACP) into one of the nation’s most powerful organizations fighting racial discrimination, segregation, and violence against African Americans.

Walter White was born in Atlanta, Georgia, in 1893 and grew up in a middle-class African American family. His parents, George and Madeline White, had been born into slavery. Although Walter had blond hair, blue eyes, very light skin and could easily have passed as white, he firmly identified as Black. As a teenager, he witnessed the Atlanta Race Massacre of 1906, when white mobs attacked African Americans throughout the city. The experience strengthened his determination to fight racial hatred and injustice.

After graduating from Atlanta University in 1916, White worked in insurance and became active in the Atlanta branch of the NAACP. His abilities caught the attention of NAACP leader James Weldon Johnson, who recruited him to the organization’s national staff in 1918.

He soon became known for his extraordinarily dangerous investigations of lynchings. Because many white Southerners assumed he was white, he was able to enter communities where Black investigators would have faced immediate danger. He spoke with witnesses, law enforcement officials, and even members of lynch mobs, often pretending to share their racial attitudes so they would reveal information.

White personally investigated 41 lynchings and eight race riots. On several occasions, his identity was discovered, forcing him to flee for his life. The evidence he collected helped the NAACP expose the brutality of lynching to Americans and strengthen its campaign for federal anti-lynching legislation. His experiences also influenced his 1929 book, “Rope and Faggot: A Biography of Judge Lynch.”

By the early 1930s, Walter had risen to the NAACP’s top administrative position. As executive secretary, he helped build the organization into a major national political and legal force. Under his leadership, the NAACP challenged discrimination in voting, employment, education, transportation, the military, and other areas of American life.

White also recruited attorney Charles Hamilton Houston to lead the NAACP’s legal strategy. Houston and his protégé, Thurgood Marshall, developed the courtroom campaign that eventually helped produce the Supreme Court’s historic 1954 decision in Brown v. Board of Education, declaring racial segregation in public schools unconstitutional.

White used his relationships with national political leaders as another weapon against discrimination. He worked with First Lady Eleanor Roosevelt, President Franklin D. Roosevelt, and President Harry S. Truman. He supported efforts to end employment discrimination and encouraged Truman to establish the President’s Committee on Civil Rights.

Walter White remained an NAACP leader until his death in 1955. His courage, political skill, investigative work, and relentless commitment to equality helped establish the foundation upon which the modern Civil Rights Movement would build.

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Art

Event Preview: ‘Fashion v. Fascism’ – A Runway Revolution Is Coming to the Bay Area

“Every piece on this runway translates what is happening under fascism into a feeling,” explains Erica Furlong, the FVF creative director. “One designer’s trench coat is covered in pockets stamped ‘TRUTH,’ ‘MEMORY,’ ‘HOPE,’ ‘VOTE,’ ‘FUTURE,’ because that’s literally what gets seized first, pocket by pocket, under fascist decline. Fashion can hold grief and hope in the same silhouette, and that tension is exactly what this moment needs.”

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Designer Rickie Lee. Courtesy image.

“Fashion vs. Fascism” (FVF) is a visually immersive evening of fashion, music and political theater exposing the rise of fascism in the U.S. and the need to resist. Democracy is under siege, and culture is one of our most potent defenses, organizers say.

Called a live “runway revolution,” FvF premieres Oct. 3 at The Rotunda, 300 Frank Ogawa Plaza in downtown Oakland.

A play that is part fashion show, part protest, part performance art, FvF stages five runway collections spotlighting the pillars of contemporary fascist politics and the urgent need to resist: the myth of a “glorious past,” the manufactured emergencies used to justify surveillance and crackdowns, and the oligarchs and grifters profiting from it all. Runway fashion shares the stage with political theater and live music, with a closing call to action.

“We need lawsuits, ballots and mass protests, but none of it lands if we’re not also fighting for people’s imagination,” says Linda Burnham, co-producer of the show. “People are exhausted and scared. FvF will expose the absurdities of fascist mythology and ideology in ways a news headline cannot and spark new ideas about how to resist.”

“Fascism doesn’t win by policy alone. It wins by telling a story. A myth about a ‘Golden Age.’ A permanent emergency that makes cruelty seem necessary. That’s not an accident, it’s a strategy, and it works on the same terrain as culture: image, spectacle, emotion,” says Aya De León, the show’s playwright.

“Every piece on this runway translates what is happening under fascism into a feeling,” explains Erica Furlong, the FVF creative director. “One designer’s trench coat is covered in pockets stamped ‘TRUTH,’ ‘MEMORY,’ ‘HOPE,’ ‘VOTE,’ ‘FUTURE,’ because that’s literally what gets seized first, pocket by pocket, under fascist decline. Fashion can hold grief and hope in the same silhouette, and that tension is exactly what this moment needs.”

At its best, fashion is about creativity, diversity, innovation, experimentation and the free exchange of ideas. Fascism, by contrast, demands conformity and control, while suppressing dissent.

FVF was created, organizers say, because democracy should always be in style.

Featured designers include Erica Varize, Rickie Lee, Tianna Charity, Julie Wong, and Maria Flores. The evening features a script by lead playwright Aya De León, musical performances by Mindeullae Project and DJ Emancipation, and other special guests.

FvF is designed to travel. Following the Oakland premiere, FvF will extend its reach through a documentary short, a curriculum on contemporary fascism in the U.S., and a full replication playbook — design templates, script, and curriculum — so organizers in other cities can stage their own version of the show.

Get more details at www.fashionvfascism.org.

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