The Consumer Financial Protection Bureau (CFPB) is suing Walmart and Branch Messenger for forcing delivery drivers to use costly deposit accounts to get paid and for deceiving workers— “last mile” drivers in Walmart’s Spark Driver program—about how they could access their earnings.
The CFPB’s lawsuit alleges that Walmart and Branch opened Branch accounts for Spark Drivers, and Walmart then deposited drivers’ pay into these accounts, without the drivers’ consent. Walmart told Spark Drivers that they were required to use Branch to get paid and that they would terminate workers who did not want to use these accounts. Walmart and Branch also misled workers about the availability of same-day access to their earnings.
Drivers had to follow a complex process to access their funds, and when they finally did, they faced further delays or fees if they needed to transfer the money they earned into an account of their choice. This resulted in workers paying more than $10 million in fees to transfer their earnings to an account of their choice.
“Walmart made false promises, illegally opened accounts, and took advantage of more than a million delivery drivers,” said CFPB Director Rohit Chopra. “Companies cannot force workers into getting paid through accounts that drain their earnings with junk fees.”
Walmart (NYSE: WMT), the multinational retail corporation headquartered in Bentonville, Arkansas, operates the Spark Driver Program, through which gig economy drivers make “last-mile” deliveries from Walmart stores nationwide. Branch is a financial technology company that offers a deposit account at Evolve Bank & Trust that consumers access through a digital app and debit card.
The CFPB also alleges that Branch engaged in a host of illegal activities related to consumer accounts, including failing to investigate alleged errors, failing to honor stop payment requests, failing to maintain necessary records, failing to provide certain disclosures, and illegally requiring consumers to waive their rights under the law.
The CFPB alleges that, for approximately two years starting in 2021, Walmart and Branch violated federal law by:
- Illegally opening accounts in order for drivers to receive pay and removing driver choice in how to receive pay: Walmart and Branch opened accounts for new drivers by using drivers’ information, including their Social Security numbers, without obtaining the drivers’ consent. Drivers’ pay was then deposited into these accounts without authorization from the drivers. Drivers could not access their earnings without agreeing to Branch’s terms and conditions. Walmart required Spark Drivers to use Branch accounts or face termination.
- Harvesting more than ten million in junk fees from drivers: Spark Drivers paid more than ten million dollars in junk fees to Branch to instantly transfer their earnings to an account of their choice.
- Deceiving drivers about their access to their earnings: Walmart and Branch misrepresented to drivers that Branch Accounts would give them “instant access” to pay. In actuality, many drivers experienced delays when accessing their wages or paid fees to transfer their money elsewhere. Branch also deceived the drivers about their ability to stop payments or make certain transfers using the accounts.
Enforcement Action
Under the Consumer Financial Protection Act, the CFPB has the authority to take action against institutions violating consumer financial protection laws, including the Truth in Savings Act (TISA), the Electronic Fund Transfer Act (EFTA), and the prohibitions on unfair, deceptive, or abusive acts or practices in the Consumer Financial Protection Act (CFPA). The CFPB’s lawsuit seeks to stop the companies’ unlawful conduct, to provide redress for harmed consumers, and the imposition of a civil money penalty, which would be paid into the CFPB’s victims relief fund.
Today’s enforcement action follows several actions taken by the CFPB to address consumer protections in the workplace. In October, the CFPB issued guidance that emphasizes how companies using third-party consumer reports, including background dossiers and surveillance-based algorithmic scores, must follow Fair Credit Reporting Act (FCRA) rules. The CFPB has highlighted the growing prevalence of employer-driven debt and the challenges faced by consumers when they become indebted to an employer as a condition of employment.
This is the CFPB’s first action against a fintech partner of Evolve Bank & Trust related to a deposit product. The CFPB previously filed a lawsuit against SoLo Funds, another Evolve Bank & Trust fintech partner, in the short-term, small-dollar loan space. The Federal Reserve Board issued an enforcement action against Evolve in June, finding the bank failed to properly police its fintech partners.
Consumers can submit complaints about financial products and services by visiting the CFPB’s website or by calling (855) 411-CFPB (2372).
Employees who believe their company has violated federal consumer financial protection laws are encouraged to send information about what they know to whistleblower@cfpb.gov. To learn more about reporting potential industry misconduct, visit the CFPB’s website.
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Tags: Small Business
