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In the Western Union and Wells Fargo cases, the fraud was perpetrated against the customer by the financial company. What is the appropriate penalty for this behavior and what should be done to limit future occurrences?
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The Western Union and Wells Fargo cases are examples of how companies can perpetrate fraud against a customer. In most cases, the companies go through a legal process where they promise to reimburse victims. Although the scammed customers receive their money back, it is essential to consider how and why powerful and well-resourced financial companies such as Wells Fargo and Western Union fail to address fraud cases despite being aware of their occurrence. For instance, Hamilton (2020) highlighted that the Department of Justice (DOJ) charged Western Union with "an awareness that fraudsters around the world used the company's money transfer system, and agents at the firm were complicit." In such a situation, while retuning the money to fraud victims is right, it is not enough nor the most appropriate penalty.
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The penalty remains inadequate since a majority of the victims end up not fully reimbursed. In addition, some companies might decline to compensate victims by applying generic reasoning to individual complaints. Such partial refunds might sometimes deter consumers from pursuing valid complaints (Nixon, 2020). Therefore, the only way the court can ensure everyone receives their money back is by appointing an independent administrator to contact and distribute payments for compensation at no cost to fraud victims. The independent administrator must go through a strict vetting process by the DOJ to qualify. In addition to payment distribution, the DOJ must ensure that the administrator conducts a thorough internal review of the company’s financial system to detect how breaches and vulnerabilities might facilitate fraud. The approach will go a long way towards offering a holistic strategy to protect consumers from harm in the future.
Hamilton, A. (2020, March 12). Western Union refunds $153m for scam victims. Retrieved from https://www.fintechfutures.com/2020/03/western-union-refunds-153m-for-scam-victims/
Nixon, G. (2020, April). Majority of bank fraud victims still not refunded despite new anti-fraud code with one high street giant only fully paying back 1% of customers. https://www.thisismoney.co.uk/money/beatthescammers/article-8196179/Banks-failing-explain-fraud-victims-not-refunded.html
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