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The Consumer Financial Protection Bureau (CFPB) accused Walmart and Branch Messenger of opening Branch Accounts for some Walmart Spark delivery drivers without informed consent and steering drivers to use those accounts to receive pay. The agency filed its complaint on December 23, 2024; its claims were allegations, not a court finding. The Associated Press later reported that the CFPB dropped the case in the first weeks of the Trump administration. The available reporting does not establish the exact dismissal order or its terms.
What the CFPB alleged
The CFPB sued Walmart Inc. and Branch Messenger, Inc. in federal court in Minnesota. Its complaint focused on the way Spark drivers were paid and on Branch Accounts, which the complaint described as deposit accounts at Evolve Bank & Trust that customers accessed through Branch’s mobile app or a debit card. Walmart’s Spark Driver program, established in 2018, uses independent workers for last-mile deliveries.
According to the complaint, Walmart and its payment administrator moved Spark driver payments to Branch Accounts in 2021. The CFPB alleged that drivers’ information was sent to Branch and accounts were created, with wages deposited, before drivers knowingly agreed to the account terms in some cases. The agency also alleged that drivers were told they had to receive pay through Branch and could be removed from Spark if they could not or would not use the account. It said access to wages already deposited depended on completing Branch’s access process and accepting its terms.
Those descriptions come from the CFPB’s complaint. They should not be read as established facts or as a court ruling that the accounts were opened illegally.
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How the complaint said drivers could transfer their pay
The CFPB alleged that drivers encountered a multi-step process and delays in getting access to their earnings. It described two transfer routes:
| Route described in the complaint | Alleged cost | Alleged timing |
|---|---|---|
| Instant transfer | 2% of the transfer amount or $2.99, whichever was greater | Described as instant |
| ACH transfer | Free | Could take up to five days |
The fees and transfer details are allegations in the complaint, not adjudicated findings. The CFPB alleged that drivers paid Branch more than $10 million in instant-transfer fees.
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What the account and driver figures mean
The CFPB’s December 2024 announcement referred to more than one million delivery drivers. Separately, the complaint alleged that, from approximately July 2021 through August 2023, more than 100,000 Branch Accounts received wages before drivers gained access, sometimes weeks later. It also alleged that over 600,000 accounts were created for Spark drivers who never gained access and appeared to have no activity.
These figures describe different things. The account totals are not verified counts of unique people, and they should not be treated as interchangeable with the agency’s more-than-one-million-driver framing. The figures came from the CFPB; the complaint’s account counts remain allegations.
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What laws and conduct the CFPB cited
The complaint alleged violations of the Consumer Financial Protection Act. It also alleged that Branch violated the Electronic Fund Transfer Act and Regulation E, and the Truth in Savings Act and Regulation DD. Among other things, the CFPB challenged representations about instant access, same-day pay, transfers and stop payments, and alleged problems with disclosures, stop-payment requests, error investigations, provisional credit and records.
The agency asked for compliance measures, consumer redress and civil money penalties. Those were requested remedies, not awards.
Was the CFPB lawsuit dropped?
Yes. The Associated Press reported that the CFPB dropped the case in the first weeks of the Trump administration. The accessible report does not identify the precise docket entry or date, say whether the dismissal was with or without prejudice, or describe any conditions. It therefore does not establish that a court ruled for either side or that the parties settled.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What Walmart and Branch said
The Associated Press reported that Walmart and Branch denied the allegations. The complaint’s claims and the companies’ denials are competing positions; the case’s reported dismissal does not, by itself, establish whether the allegations were true or false.
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