What is it about banks that makes them easy targets? Perhaps it is public resentment over government bailouts. Or perhaps it is the relentless solicitation to apply for credit cards. Or even worse, perhaps it is the bill collectors that haunt one's evenings when times are hard. Well, perhaps there is a new reason to think unpleasantly of the banking industry. Jamie Nelson, a New Jersey woman has filed a lawsuit against Wells Fargo Home Mortgage, claiming that one of its employees implied that he would not correct a mistake on her account unless she sent him photographs of herself.
Allegedly, Wells Fargo withdrew money from Jamie Nelson's checking account with another bank in order to pay her monthly mortgage loan payment. Nelson apparently reported the problem to a customer service representative of Wells Fargo. Nelson allegedly gave her cell phone number to Michael Bragnuier (sued as "Michael Doe") an employee of Wells Fargo Home Mortgage in West Des Moines. Plaintiff contends that "Michael Doe" called Nelson, saying "he would not reverse the erroneous transaction unless she engaged in 'phone fun' with him and provided him with photographs of herself" via text message. He also allegedly asked if she was "near a bathroom." Plaintiff contends that this implies that "... he wanted naked photographs in exchange for his providing customer service on behalf of the Wells Fargo defendants."
Nelson was apparently on business in Chicago when the allegedly unauthorized withdrawal occurred from her checking account. Nelson apparently did not send pictures; however, she allegedly spent a day asking him to reverse the transaction. Michael Bragnuier, who worked in a mortgage service center, was apparently terminated for violating company policy in January 2010.
If the conduct occurred, one would have to agree with the complaint that this was "extreme and outrageous." Legal Pub has done past stories on nude texting. LINK. But in this day and age of cable t.v. one also has to question just how " severely and permanently injured emotionally and physically" the plaintiff could be? The attorney for either side are encouraged to submit comments on the allegations. In the interim, keep in mind, allegations are not to be taken as the truth until proven in court or otherwise admitted.