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

As a financial advisor with over 20 years of experience, I feel fortunate to call Jim my attorney and friend. He is a fantastic lawyer and trusted advisor. He is skilled in the matters necessary to do the job well. He uses his thoughtful approach and calm demeanor to achieve a positive outcome for the client. If you want to feel confident that nothing will be missed and that you will be represented in a highly professional manner, call Jim Eccleston.

Bill C. and Dan M.

LATEST NEWS AND ARTICLES

1778685786 Law
May 13, 2026
FINRA Fines J.P. Morgan Securities $3.25 Million Over Supervisory Failures in High-Risk Strategy

The Financial Industry Regulatory Authority (FINRA) has sanctioned J.P.

1778601835 Law
May 12, 2026
UBS Shifts SMA Oversight In-House, Discloses Potential Conflicts

UBS Wealth Management USA has begun restructuring how it manages separately managed accounts ("SMAs"), moving key oversight functions in-house and aligning its model more closely with competitors, according to reporting by AdvisorHub.

1778521728 Law
May 11, 2026
Private Credit Funds Face Rising Redemptions and Valuation Scrutiny

Investor pressure on private credit funds continues to intensify as redemption requests increase and concerns emerge over how firms value underlying loan portfolios.