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US sues Walmart and Branch Messenger over driver payment accounts
A Walmart truck leaves a Walmart distribution center in Hurricane, Utah on May 30, 2024.
Georges Frey | Afp | Getty Images
The Consumer Financial Protection Bureau on Monday filed a complaint against Walmart and work scheduling platform Branch Messenger for allegedly forcing delivery drivers to use expensive and poorly managed deposit accounts in order to get paid.
“Walmart made false promises, illegally opened accounts, and took advantage of more than a million delivery drivers,” CFPB Director Rohit Chopra said in a statement. “Companies cannot force workers to be paid through accounts that drain their income with unwanted fees.”
The lawsuit alleges that, since 2021, Walmart and Branch have opened branch accounts for more than 1 million drivers under the Spark Driver Program, Walmart's platform for gig economy workers to accept and schedule “last mile” deliveries, then deposited drivers’ pay into these accounts without their consent.
The company allegedly told drivers they would be fired if they did not want to use branch accounts and misled drivers about when they could access their earnings. When drivers used the platform, they would face numerous delays or fees if they had to transfer the money to another account, resulting in more than $10 million in “unwanted fees.”
Walmart disputed the agency's allegations.
“The CFPB's rushed lawsuit is riddled with factual errors and contains gross exaggerations and inaccuracies about established principles of law,” a Walmart spokesperson wrote in a statement to CNBC. “The CFPB never gave Walmart a fair opportunity to present its case during its rushed investigation.”
The CFPB also accused Branch of failing to investigate alleged errors, failing to provide certain information, failing to maintain records, failing to act on stop payment requests, and illegally requiring consumers that they waive their rights under the law.
“Branch strongly disagrees with the lawsuit filed today by the CFPB, which misrepresents the law and facts and includes intentional omissions to obscure the Bureau's obvious overreach,” a representative for Branch wrote in a statement to CNBC .
This lawsuit is the latest in a series of actions taken by the CFPB against companies for mishandling the financial accounts of consumers and workers. The bureau previously sued Comerica Bank over allegations that it failed to administer a federal benefits program and charged illegal fees on prepaid debit cards.
Most recently, the CFPB filed a complaint against payment network operator Zelle, as well as JPMorgan Chase, Bank of America, and Wells Fargo, alleging that the companies failed to properly investigate fraud complaints or reimburse the victims. The lawsuit claims customers have lost more than $870 million since Zelle launched in 2017.
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