Tr?id=566623520170033&ev=PageView&noscript=1

Wells Fargo Faces ERISA Lawsuit Over 401(k) Plan Asset Use

Posted on July 10th, 2024 at 11:51 AM
Wells Fargo Faces ERISA Lawsuit Over 401(k) Plan Asset Use

From the desk of Jim Eccleston at Eccleston Law

A new proposed class action has been filed in the US District Court in the Northern District of California, alleging that Wells Fargo and its associated committees violated the Employee Retirement Income Security Act (ERISA).

InvestmentNews reports that the complaint centers on the misuse of employer contributions forfeited by employees who left before being fully vested. The lawsuit claims Wells Fargo used over $2 million of such forfeited assets in 2022 to offset its future contributions to its $45.8 billion 401(k) plan, instead of using the funds to reduce expenses for plan participants.

This lawsuit is part of a trend, with similar cases filed against other employers like HP, Honeywell, Clorox, Mattel, Intuit, and Thermo Fisher Scientific. In a related case against Qualcomm, the lawsuit survived a motion to dismiss, marking a significant step in this line of litigation.

According to InvestmentNews, this type of litigation is relatively novel. The outcome of these cases remains uncertain, and while the Qualcomm case has progressed past a motion to dismiss, this does not necessarily predict success for other lawsuits.

 

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, transition, regulatory, and disciplinary matters.

Tags: eccleston, eccleston law

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

Hiring Eccleston Law has been one of the best career decisions I have made and this "investment" to maintain my sterling regulatory record has been returned many times over.  If you are in a situation where you've been unfairly accused, don't hesitate to talk with Eccleston Law. They are the best.

Thomas C.

LATEST NEWS AND ARTICLES

1785949175 Law
August 5, 2026
FINRA Arbitration Panel Orders Arkadios Capital to Pay $2.7 Million in Ponzi Scheme-Related Claim

A Financial Industry Regulatory Authority (FINRA) arbitration panel has ordered Arkadios Capital to pay $2.7 million in damages to an investor who alleged the firm failed to supervise a former registered representative whose father operated a long-running Ponzi scheme, according to InvestmentNews.

1785858278 Law
August 4, 2026
SEC Fines Former LPL Broker $125,000 for Undisclosed Conflicts in Private Securities Offerings

The Securities and Exchange Commission (SEC) has censured a former LPL Financial broker and imposed a $125,000 civil penalty after finding that he failed to disclose conflicts of interest related to private real estate securities offerings that generated nearly $1.5 million in compensation, as reported by AdvisorHub.

1785772777 Law
August 3, 2026
FINRA Launches Review of High-Risk Structured Notes Sales and Supervision

The Financial Industry Regulatory Authority (FINRA) has launched a regulatory sweep examining the sale of high-risk structured products, with particular attention on non-principal protected "worst-of" structured notes, according to AdvisorHub.