Date: 10-16-2009

Case Style: Jennifer Weiser v. Wells Fargo Auto Finance

Case Number: CJ-2007-4091

Judge: Daman H. Cantrell

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: David Humphreys, Luke Wallace,Humphreys Wallace, Tulsa, Oklahoma

Defendant's Attorney: Randall Snapp, Crowe & Dunlevy, Tulsa, Oklahoma

Description: On or about July 19, 2006, Jennifer Weiser and Errick Weiser entered into a contract to purchase a used 2005 Chevrolet C2500 truck from Jim Glover Chevrolet in Tulsa, Oklahoma. The contract included a promise by Jim Glover Chevrolet to arrange financing for the Weisers’ purchase giving them the right to terminate the contract if financing was not arranged within fifteen days. Jim Glover Chevrolet submitted the Weisers’ joint application for financing to Defendant Wells Fargo Auto Finance. Wells Fargo notified the Weisers on July 28, 2006 that their application for financing had been denied. Shortly following the signing of the papers on July 19, 2006, the Weisers’ found out that the price of the vehicle had been changed from $23,000, as quoted by the salesman, to $32,000 on the financing and sales paperwork. Thereafter, the Weisers returned the vehicle to Jim Glover Chevrolet as provided for in the contract because financing had been denied.


Even though Defendant Wells Fargo notified the Weisers that their application for financing had been denied, Wells Fargo continued to send demands for payment, telephoned the Weisers more than 70 times seeking payment and ignored the Weisers repeated explanations that nothing was owed. Wells Fargo reported the account as past due to each of the major credit reporting agencies negatively affecting the credit of both Jennifer and Errick Weiser. Wells Fargo claimed at trial that two credit applications had been submitted by Jim Glover on the same night, one in the name of Errick only and the other a joint application. Wells Fargo was unable to provide a credit application in the name of Errick Weiser individually.

Outcome: $310,000.00 verdict for the plaintiff’s; $60,000 in actual damages and $250,000 in punitive damages. The jury found by clear and convincing evidence that Wells Fargo Auto Finance acted intentionally or with malice. Plaintiff demanded $100,000 at mediation. Wells Fargo’s representative initially made no offer but the week prior to trial offered a maximum of $20,000. Plaintiffs’ will seek attorney fees and an award of costs of litigation as prevailing party under the Oklahoma Consumer Protection Act.

Plaintiff's Experts:

Defendant's Experts:

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