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The Courts

Walmart Sued Over Illegally Opening Bank Accounts For Delivery Drivers (theverge.com) 45

An anonymous reader quotes a report from The Verge: The Consumer Financial Protection Bureau (CFPB) is suing Walmart and payroll service provider Branch Messenger for alleged illegal payment practices for gig workers. The bureau says Walmart was opening direct deposit accounts using Spark delivery drivers' social security numbers without their consent. The accounts also can come with intense fees that, according to the complaint, would add either 2 percent or $2.99 per transaction, whichever is higher. It also says Walmart repeatedly promised to provide drivers with same-day payments through the platform starting in July 2021 but never delivered on that.

The Bureau alleges that for approximately two years starting around June 2021, defendants engaged in unfair, abusive, and deceptive practices in violation of the Consumer Financial Protection Act of 2010, including by requiring Spark Drivers to receive their compensation in Branch Accounts, opening Branch Accounts for Spark Drivers without their informed consent or, in many instances, on an unauthorized basis, and making deceptive statements about Branch to Spark Drivers. Spark delivery workers have been complaining about Walmart's Branch Messenger account requirements for years, which forced workers to use these accounts with no option to direct deposit to a preferred credit union or local bank. Walmart allegedly told workers they'd be terminated if they didn't accept the Branch accounts.

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Walmart Sued Over Illegally Opening Bank Accounts For Delivery Drivers

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  • Decades ago when I still worked at a call center. Same basic deal it was designed to make you pay a bunch of extra fees to access your pay. The call center in question had already faced numerous lawsuits over labor abuse so they backed down and we continue to get paychecks, but it was still kind of a rat bastard thing for them to try and do.

    The way this works out it's basically a 2 to 3% pay cut.
  • by kenh ( 9056 ) on Tuesday December 24, 2024 @11:14AM (#65036635) Homepage Journal

    Yes, it's bad that Walmart forced some drivers to accept payment in a service they didn't choose, BUT, the summary and source reporting fail to explain those "transaction fees", so I went to the source [branchapp.com], and this is what I found:

    If you are eligible for an EWA at that time, the advance will be deposited into your Branch Digital Wallet instantly, or to an external bank account with 3-days standard delivery at no cost to you. If you want your EWA funds sent instantly to an external bank account, the following expedited delivery fees shall apply: $2.99 for EWAs in the amount of $25.00 or less; $3.99 for EWAs between $25.01-$74.99, inclusive; or $4.99 for EWAs over $75.00 or more. These fees may be modified from time to time or your employer may have negotiated a different fee structure.

    See: 3.4. Amount of EWA and Expedited Delivery Fees., at https://www.branchapp.com/lega... [branchapp.com]

    Got that, those are fees for wanting access to their wages early, a loan of money owed but not yet paid, and wanted to be transferred to other outside financial institutions.

    They aren't being charged to withdraw their money 'normally' (after money deposited in their account).

    PayPal charges a similar fee to 'instantly' transfer funds rather than take longer (2-3 days?) to an outside account - this is nothing new, but possibly a bit more aggressive fee structure.

    • by kenh ( 9056 ) on Tuesday December 24, 2024 @11:19AM (#65036645) Homepage Journal

      Additionally, to understand what an EWA is, here is their description from the same source:

      2.1 Advance Services. Branch offers qualified users access to earned, but unpaid wages, prior to the next scheduled payday through its Earned Wage Access product (âoeEWAâ or âoeInstant Payâ as labeled in the Branch App and on the Website.) EWA services are offered to users through the userâ(TM)s employer and its relationship with Branch. EWAs are made without charge, however, you may choose to expedite disbursement of your EWA by paying an expedited delivery fee. See Section 3 below for additional details.â

      So I do a job, I will get paid on payday, if I want payment now, I can get some of my earning in advance, for free (no fee) if I allow the service 3 days to make payment. If I want my pay advance quicker than 3 days, I can choose expedited payment for a fee.

      • Delivery drivers aren't employees according to Walmart. Wanting to be paid at the end of day isn't unreasonable for gig workers.

    • >> a loan of money owed but not yet paid

      In that sense it resembles a payday loan (comes with high interest rates and is intended for quick access to cash). Instead of interest there's a fee of as much as 6% but "your employer may have negotiated a different fee structure". Delivery drivers probably fall into the category of people who are living hand-to-mouth and frequently will need their earnings right away.

    • From the link:

      "Branch offers qualified users access to earned, but unpaid wages"

      That is not a loan. The work was done. the wages earned. This is the payroll company holding onto your wages with the employers blessing. There is ZERO risk of default, they get paid directly by your company, but the fee can be up to 12%. This is not a benefit. This is fucking over your employees for a kickback, pure and simple. You aren't naive enough to think Walmart gets nothing out of this, are you?

      The worker already did the

    • Still clearly anti-competitive if they aren't allowing the linked transfer account to be a third party bank. And the fees are absolutely absurd for an in-bank transfer.

      Also this is a whole bunch of bank shenanigans already. If not for industry opposition Fednow would be the norm to instant settlement transferred, with a fee of less than a nickel per transaction.

    • A few jobs back, not naming the company because I actually liked working for them, I received an email from HR about a new program the company had that allowed you to get paid early. Getting paid early is always a good thing, so I looked into it. Like this Walmart example it was essentially the payroll partner trying to get into the payday loan business. When I mentioned this to some of the people that I worked with they were shocked, but they were also smart people, so as the similarities started to sta

    • You cite a paragraph about requesting access to wages early without noting that *nowhere in the original claim does it say that the workers actually requested access to their wages early*.

      You searched for $2.99, found one match, and stopped, doing no work to see if that was the actually fee in question.

      To be specific, the claim says "same-day access" and your citation says "early access". To argue that the workers were requesting "early access" depends on knowing when the workers were told their payday was

  • by Cyberglich ( 525256 ) on Tuesday December 24, 2024 @11:27AM (#65036659)
    No this is straight up illegal under California labor code. Any employer that offers these kind of prepaid payroll cards needs to have a way of extracting the money to your own account with zero fees by law.
  • In which case it should be prison time for some at Walmart.

  • by SvnLyrBrto ( 62138 ) on Tuesday December 24, 2024 @02:57PM (#65037023)

    This is not news. Walmart is, and has for many decades been, pretty much the most vile collection of despicable people and policies and abuses behaving utterly and entirely vile and despicable and abusive outside the tobacco and fossil fuel industries. Walmart is utter garbage and the world would be better off without the entire company and everybody associated with it? In other news, it's Tuesday.

    Real news would be Walmart doing something that's *NOT* vile, despicable, and abusive.

  • WT??? How can someone else or a freaking company open bank accounts in another person's name? That's outrageous and is exactly what IDENTITY THIEVES get charged with many times. And what's with the banks permitting this at least without getting tacit approval from these individuals? Why bother protecting any of our private data at this point or giving out those annoying free credit monitoring services when banks allow someone else to open an account on your behalf WITHOUT APPROVAL OR KNOWLEDGE!!!!
  • It seems Walmart's playbook of shifting burdens and exploiting workers is alive and well. The Consumer Financial Protection Bureau’s (CFPB) lawsuit against Walmart and Branch Messenger exposes yet another chapter in the company’s long history of shady practices.

    Let’s start with the allegations: Walmart and Branch are accused of illegally opening deposit accounts for over a million Spark Drivers without their consent and funneling workers' pay into these accounts. Drivers who didn’t w

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