CFPB Sues Walmart and Branch Messenger for Illegally Opening Deposit Accounts for More Than One Million Delivery Drivers — WA (2025)
The CFPB sued Walmart and Branch Messenger for illegally opening deposit accounts for over one million delivery drivers, seeking $10 million in penalties according to the Consumer Financial Protection Bureau. This represents a significant enforcement action, as the median for similar cases in Washington state is $0.
Opening Summary
The Consumer Financial Protection Bureau filed a lawsuit in August 2025 against Walmart and Branch Messenger for allegedly illegally opening deposit accounts for over one million delivery drivers without proper authorization, seeking $10 million in penalties and relief.
Case Background
This case centers on allegations that retail giant Walmart, in partnership with financial technology company Branch Messenger, systematically opened deposit accounts for delivery drivers without obtaining proper consent or authorization. The Consumer Financial Protection Bureau (CFPB) initiated this enforcement action after investigating practices related to how the companies handled financial services for workers in Walmart's delivery network.
Branch Messenger operates as a financial technology platform that provides banking and payment services, often targeting gig economy workers and hourly employees. The company partnered with Walmart to offer financial services to delivery drivers working within Walmart's expanding e-commerce and delivery operations. This partnership was designed to streamline payment processes for drivers while potentially offering additional financial services.
The alleged violations affected more than one million delivery drivers who were enrolled in these deposit accounts. According to the CFPB's allegations, these drivers may not have been properly informed about the account openings or may not have provided adequate consent for the creation of these financial accounts. The scale of the alleged violations represents one of the larger enforcement actions targeting unauthorized account openings in recent years, particularly within the gig economy sector.
Key Allegations / Claims
The CFPB's lawsuit alleges that Walmart and Branch Messenger violated federal consumer protection laws by opening deposit accounts without obtaining proper authorization from the affected delivery drivers. The central claim focuses on the companies' failure to secure adequate consent before establishing these financial accounts, which potentially exposed drivers to unwanted financial products and services.
Specific allegations include violations of regulations governing the opening of deposit accounts, which typically require clear and informed consent from consumers before financial institutions can establish accounts in their names. The CFPB contends that the companies' practices circumvented these protections, potentially leaving drivers with accounts they did not knowingly request or authorize.
The lawsuit also addresses concerns about transparency and disclosure in the account opening process. The CFPB alleges that drivers were not adequately informed about the terms, conditions, and implications of having these deposit accounts opened in their names. This lack of transparency allegedly prevented drivers from making informed decisions about their financial services and potentially subjected them to fees, terms, or conditions they had not agreed to accept.
Additional allegations may include violations of fair lending practices and consumer protection standards that govern how financial services companies can market and provide services to consumers, particularly in employment-related contexts.
Resolution & Amount
The CFPB is seeking $10 million in penalties and relief through this lawsuit, though the case appears to be in active litigation rather than resolved through settlement. The requested amount would likely be allocated toward penalties against the companies and potential relief for affected delivery drivers who had accounts opened without proper authorization.
If the case proceeds to settlement or judgment, the resolution would typically include provisions requiring the companies to change their account opening practices to ensure proper consent and authorization procedures. The financial relief could include refunds of any fees charged to drivers for accounts they did not authorize, as well as civil penalties designed to deter similar violations.
The $10 million figure represents the CFPB's assessment of appropriate penalties given the scale of the alleged violations affecting over one million drivers. This amount would be subject to negotiation in any settlement discussions or determination by a court if the case proceeds to trial.
Applicable Law / Enforcement
This enforcement action falls under the Consumer Financial Protection Bureau's authority to regulate financial services companies and protect consumers from unfair, deceptive, or abusive practices. The case likely involves violations of the Consumer Financial Protection Act, which grants the CFPB broad authority to investigate and penalize companies that engage in prohibited practices.
Relevant regulations include federal rules governing the opening of deposit accounts, which require financial institutions to obtain proper identification and authorization before establishing accounts. These regulations are designed to protect consumers from unauthorized account openings and ensure transparency in financial services.
The case also implicates regulations specific to electronic fund transfers and digital financial services, particularly as they apply to employment-related payment systems. The CFPB has increased enforcement focus on fintech companies and their partnerships with traditional businesses, especially when these arrangements affect vulnerable populations like gig economy workers.
Truth in Savings Act provisions may also apply, requiring clear disclosure of account terms and conditions to consumers before accounts are opened.
Context & Benchmarks
Statewide benchmarks for this case type are not currently available in our database. However, this case represents part of broader CFPB enforcement efforts targeting unauthorized account opening practices and protecting gig economy workers from potentially exploitative financial services arrangements.
Sources
- Consumer Financial Protection Bureau: Sources
FAQ
What types of cases in Washington State typically result in $10 million settlements or verdicts?
Cases involving catastrophic personal injuries, medical malpractice resulting in permanent disability, wrongful death of high earners, major product liability claims, and significant commercial litigation disputes commonly reach $10 million awards in Washington State.
Are $10 million awards subject to caps or limitations in Washington State?
Washington State does not impose caps on economic damages or most non-economic damages. However, punitive damages are limited to the greater of $500,000 or three times the compensatory damages, which could affect the total award structure in some cases.
How long do $10 million cases typically take to resolve in Washington courts?
High-value cases often take 2-4 years to resolve due to complex discovery, expert testimony requirements, and extensive pre-trial motions. Many settle before trial, but those going to verdict may take longer due to appeals and post-trial proceedings.
What factors do Washington juries consider when awarding $10 million in damages?
Juries evaluate medical expenses, lost future earnings, pain and suffering, loss of consortium, degree of defendant negligence, and impact on quality of life. In wrongful death cases, they consider the deceased's earning capacity and family relationships.
Can $10 million awards be paid in installments in Washington State?
Yes, structured settlements are common for large awards. Courts may approve periodic payments for future medical care and living expenses, while immediate costs like past medical bills are typically paid as lump sums. This protects long-term financial security for plaintiffs.
This content is for informational purposes only and is not legal advice.
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