Here's what's going on.
So Wells Fargo pushes all of it's people to open up new accounts. Savings accounts, credit card accounts, etc... It looks good to Wall Street, even if no one ever uses the credit card or puts any money in the account.
A bunch of employees engage in was is clearly fraud by either just opening the account up for the customer without the customer even knowing it, or tricking the customer into opening the account. For example, slipping a credit card application into a bunch of mortgage documents that the customer actually wanted to sign.
The employees did it to look good for their bosses, but also because they expected there would be no real damage to their customer. So their customer now has another savings account. So what, the employee thinks. No one is going to use it. There won't be a financial loss to the customer. So they do it, and then they get caught.
Fast forward to today. The aggrieved customer goes to a lawyer. The lawyer observes two things. First, there is a mandatory arbitration clause, which means you're probably going to get some retired lawyer or judge deciding your case instead of a bunch of east Texas or rural Mississippi jurors. But you do still have the right to bring the arbitration claim. Second, your client has no real damages. That is, while they have certainly been "defrauded," they have no real financial loss.
Geez, wouldn't it be great if we could form a class action and threaten billions in "damages" and basically extort $30-40 million out of Wells Fargo, the lawyer thinks.
I've got an idea. How about we handle this the way it should be handled. Maybe the Treasury department or Congress or the state banking regulators step in and punish these banks and the bankers? I'm no great fan of our government's regulatory features, but they have their place. Leaving the regulation of corporations up to trial lawyers is not the way it should be handled.