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Santander Consumer USA TCPA Violations


Santander Consumer USA recently faced a TCPA class action lawsuit over alleged Telephone Consumer Protection Act violations as well as violations of the Fair Debt Collection Practices Act (FDCPA). The lawsuit also alleges Santander breached its own contracts by charging improper fees. Santander Consumer USA and TCPA Violations Santander Consumer USA, which operates in the automotive finance sector, is accused of using heavy-handed tactics—that allegedly violate the Telephone Consumer Protection Act (TCPA)— to get consumers to pay their loans. These tactics allegedly include making repeated and harassing calls to plaintiffs' phones. Early in 2017, the US Supreme Court has agreed to hear a case regarding the question of whether a bank that purchases delinquent debts and begins collecting on those debts can be held liable under the FDCPA. The Court will review the Fourth Circuit’s decision in Henson et al. v. Santander Consumer USA, Inc., to dismiss the FDCPA class action that had been filed against Santander, and will look at the Plaintiffs’ request to determine whether a financing company that regularly attempts to collect delinquent debts is, in fact, a “debt collector” that is subject to the FDCPA.

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According to its website, Santander is a “full-service, technology-driven, consumer finance company focused on vehicle finance and unsecured consumer lending products. Headquartered in Dallas, the company has more than two million customers across all credit grades.

Santander Car Title Loans

Santander has allegedly engaged in collection agency tactics--for example, making harassing phone calls--to collect consumer debts. The company also advertises itself as a direct lender. On its website is the following:

Santander TCPA Violation "It may be possible to refinance your auto loan to save money with RoadLoans, Santander Consumer USA’s direct-lending product. You could pay off your existing auto note and replace it with a more affordable loan and monthly payment. Qualified customers can even choose a cash-back option or may even be able to skip a car payment."

Santander's subprime auto-loan business has recently come under state and federal regulatory scrutiny. Many consumers have complained about potentially discriminatory lending practices and the granting of loans with high interest rates to borrowers who may not be able to repay them, as occurred in the run-up to last decade’s housing crisis.

Santander has made many of its customers very angry. For instance, LawyersandSettlements has posted complaints against the lender and collection agency such as the following:

"I entered an auto loan agreement in Feb of 2014 for a 13,000 car. I have made monthly payments of 345.00 that has now reached about 12,000. I called for a payoff amount and was given 14,000... NONE of my payments have been applied toward the principal amount."

"I would like to join this lawsuit. I was constantly harassed by Drive Financial and when Santander took over I wasn't notify by the company of the change and was constantly harassed by the company If I was even a day late. I took out a loan on a 2007 Kia Spectra and my payoff was extended by lots of unexplained fees."

"I bought a 2010 Dodge Caliber in 2012 and Santander picked up my loan with a 24% interest rate. At the time I was aware of the affects of that interest rate. The total of the car was 13,999, I traded in a vehicle which they gave me $3,000 for . I have already paid $11,000 for the car and still owe $9,842 for payoff of this vehicle that is now worth $2,000."


Santander TCPA Lawsuit

The TCPA regulates the use of auto/predictive dialers, which are used to initiate pre-recorded voice messages, faxes and SMS text messages. Here is more about the Telephone Consumer Protection Act (TCPA) and restrictions of phone use. Debt collectors may violate federal law if they engage in any of the following practices:

  • Communicate with your friends, relatives, co-workers, or individuals other than yourself on multiple occasions.
  • Disclose to others that you owe a debt.
  • Communicate with you at odd times or places without your consent.
  • Make repeated phone calls to you with the intention of harassing you or communicate with you in a harassing or abusive manner.
  • Communicate with you in a false or misleading manner.
  • Call a cellular phone using an automatic dialing machine or a recorded message without express authorization.

Several Telemarketing lawsuits have been filed against the company over the past several years. A lawsuit filed in federal court in the Western District of Wisconsin holds that the federal statute may apply to calls even if an auto/predictive dialer is not used to initiate them. In Nelson v. Santander Consumer USA, Heather Nelson accuses Santander Consumer USA of calling her cellular phone more than 1000 times over the course of a year in an attempt to collect a debt on two vehicles she had financed. In May 2010, Santander repossessed one of those vehicles. In response, Nelson filed the lawsuit, arguing that Santander’s actions violated her rights under the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, the Wisconsin Consumer Act, and Wisconsin common law.

Other Santander Lawsuits

In February 2015 Santander Consumer USA Inc. agreed to pay about $9.35 million to resolve a lawsuit by the Department of Justice alleging that the motor vehicle lender violated the Servicemembers Civil Relief Act (SCRA). The settlement covers the improper repossessions of 1,112 motor vehicles between January 2008 and February 2013. The proposed consent order represents the largest settlement for illegal automobile repossessions ever obtained by the United States under the SCRA.

In September 2014 Santander was sued by investors over subprime lending practices. Investors filed a lawsuit claiming the lender misled them about the company’s “auto lending business and underwriting practices."

TCPA Santander Legal Help

If you believe you have been subjected to abusive or illegal actions by Santander, or any collection agency or bank that has violated the Fair Debt Collection Practices Act or the Telephone Consumer Protection Act, you may want to seek legal help.
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READER COMMENTS

Posted by
Betty Hayes
on
I was the co signer for a 2006 Chrysler 300 in the amount 6000.00 for my son Tyray Moore I want in on the lawsuit

Posted by
Ginger Rider
on
My sister purchased a 2013 Nissan Juke and they are Santander is saying she still owes 23,000 for the car. My husband was a co-signer and we received calls atleast 2 times a day wanting payment. The car was totaled in March 2017, Santander sold it to a junk yard and are still saying she owes 23,000. How do we join the lawsuit?

Posted by
Jamie Combs
on
I entered a loan with Santander under the impression I would have a 6% interest rate only to try to get it refinanced and going out is 12% and nothing I agreed to. I also wanted to see if I could reconcile ace and tried the link and was hounded with phone call for weeks. My phone and my email went on stop. What they are doing to people is wrong. People that can’t afford good credit or lawyers and they just keep running over them. This should be illegal.

Posted by
Katrina Evans
on
I had my car repossessed and had been paying on it for three years. It was 9000.00 car and they said I still owed 7000.00 3-4 years later. How can I join?

Posted by
Atiya w
on
Purchased 2926 Hyuandi Elantra Dec 2015, 18 percent interest. Went to try to trade in my vehicle & pay off was 22K, 22K is what I mouth the car for late 2015. Hardly none of my payments went to the loan. I need to join this lawsuit.

Posted by
Connie Shannon
on
Santander is robbing me with my car payments. HELP!!!!

Posted by
Carla Little
on
I would like to be included in this lawsuit and speak with an attorney.

Posted by
Mari O.
on
Supposedly Santander purchased my Auto loan from HSBC who my loan was originally with. Over the course of many painful years my payments and loan increased and they constantly called and my workplace and workplace cell phone. I almost lost my job. They then told me that if I paid $2000.00 I could put myself back on track with them. I borrowed the $2000.00 and paid them and they STILL repossessed the vehicle, did NOT provide me with ANY paperwork and I was stuck for 3 weeks trying to figure things out. They shipped the car out and had all of my possessions in the tow companies rat infested warehouse. When I finally found my belongings I had to pay $150.00. They then wanted me to pay the shipping back and they would release the vehicle to me. I gave up and they said they undersold it at an Auction and I owed $10,000.00. Recently their "attorney" called and threatened that I had to make a settlement with them. I made the settlement and fulfilled my obligations and even got a paid in full letter. I have been in a program and settled many other accounts. I was relieved to see most of them have taken my settlements and reported that my accounts have been settled. However, Santander has changed my past due amount causing my Installment summary total to go up and continues to give me major derogatory marks. I am almost to the 7 years and they just reinstated the loan like it JUST HAPPENED!!!! When I called to ask them why it has now changed on my credit they asked me to submit all the paperwork to show I actually did a settlement and they would get back to me. I HAVE CALLED MORE THAN 3 TIMES AND I AM TOLD A SUPERVISOR WILL CALL OR E-MAIL ME RIGHT AWAY. I'M STILL WAITING. Please help me!!!

Posted by
LEAH P
on
as I am about to finish my car payments with Santander they call my house 2-4 times a day.
We have always been marked late because their system delays payments made on the loan.
I make a payment and the payment never shows until 2 months later.
I made one payment at the bank , well my Husband insisted he do it instead of the online method I have used for the 5 years. That payment was never applied . I lost a months payment despite having evidence of payment.
Bank says they applied it and loan department says otherwise.
As far as other people on here. You do understand that all loans basically pay interest first then apply principle. The first 2 -3 years you pay interest with Santander then they get you for the amount you actually paid for the car at the tail end of loan. By that time of course your car is no longer worth what the loan is for , it's worth way less than your loan when you drive off the lot. That is why people should have GAP insurance on the policy. Gap insurance pays the entire loan balance instead of the book value of the car . Never finance a car without it. Of course when you buy a 10G car and it has 8G in interest for the loan you are paying the 18G for the car. Your car gets wrecked the day after you get it , you will be lucky if insurance pays you 10G , the 8G is still on you. Yes you paid 10 G for the car and the insurance pays them 10G , your loan is for 18G still , that's why it's a must for Gap insurance, so insurance pays 10G and the 8G , the gap between what your car is worth and the actual loan amount is covered. . I'm amazed at the amount of people who don't know what gap insurance is . I think dealers should be mandated to inform people of it esp when dealing with Santander.

Posted by
Pamela Schutzman
on
I had a car loan with Santander for a 2008 Pontiac G 6.. I paid on the car for over 4 years. U was called constantly when I was late with payments. I more than paid for the car in full. The car was repossessed and I am still told I owe a balance over six thousand dollars. The company preys on consumers with bad credit. I purchased the car from Day Automotive in Monroeville. Terrible experience. I would like my interest back and my car.. Thank You.

Posted by
Jerica Moore
on
I will definitely like to seek assistance in joining in class action lawsuits against SANTANDER CONSUMER USA. I purchased my Infiniti G35 in 2013 for 13k... now in 2018 my payoff amount continues to fluctuate between 9 to 10k. When I contacted customer service they were unable to give me a reason as to why my payoff quote continued to change, in which it was NOT decreasing... THIS IS FRAUD!!! I will continue to pursue action against this company!!

Posted by
Ciara D
on
I got my 2013 Chevy impala in July 2015 and my car note is $446.36 a month. My car still shows a principal amount of over 17,000 for a car that was a little more then $15,000. Please give me details on how I am be added to the class action suit!!! Such a rip off

Posted by
Calvin Butler
on
I would like to join this lawsuit, getting ripped off by Santander

Posted by
Susan Curnutt Hughes
on
My daughter and I bought a 2012 Elantra. My daughter has exceeded in the payments and they are saying she has only paid around 5000 dollars and she's been paying since 2013. They owe her money. We want to join the case.

Posted by
Brandon Keating
on
NEVER DO A LOAN MODIFICATION - THEY CAN PLACE A NON ARBITRATION CLAUSE IN THE PAPERWORK AND YOU WILL NEVER EVEN SEE IT.

Posted by
Susan H.
on
In September of 2013, I financed through Santander $20,322.76. The interest rate was 9.84%. As of today, they have collected from me $7,404.33 in interest which is way more than 9.84%.
It's been almost 5 years and they have applied $8,886 toward the principal. This is an outrageous rip-off and there should be
a class action lawsuit against them as so many others have the same complaints.

Posted by
Anastasia
on
In 2012 I purchased a VW EOS car with a Santander Consumer USA loan. In 2015 and 2016 I tried to refinance, trade in and even sale my car but was not able to do so because of the Santander loan the loan is more than what the car is worth. I called up Santander in October 23, 2017 to come pick up the car because I an surrendering my car. I called a few times after that because I was told it would be picked up with in three to five business days and it was not. The customer service people kept hanging up on me when I explain the situation. I ended up blocking their number because I receive calls everyday when I do answer no one says anything they just hang up. It is now January 17, 2018 the car still has not been picked up. I am to the point that I should receive money back because I have paid too much for the car and want the pink slip.

Posted by
Ashley R Hensley
on
I would like information on joining this lawsuit due to Santander keeps increasing my auto loan payoff value to the point the loan amount exceeds the car value three time as much. Please help I just want out.

Posted by
Anna Ellia
on
I would like information about joining this lawsuit. I bought a 2010 GMC Acadia that was financed with Santander in 2013. As of January 2018 I still owe over $17k...they sale price was only $$23k. I pay $525 a month and have for the last almost 5 years!

Posted by
Vanessa Neuerburg
on
I would like info on joining law suit.

Posted by
George D Davis
on
I am in the same boat as the titled loans.... So I bought a car from santander... a mazda 2015... in 2014... I'm billed thousands extra... not a dollar on principle.. they repo'd me an now I owe 3 thousand more after paying 588... a month...

Posted by
Rache L.
on
I'm so surprised by all the comments. All this time I tough to be the wrong one. I got a loan with Santander on December 2010 for a 2008 Ford Fusion at $434.33 per month with $4000 down payment. It's October 2017 and I still owe $3,532.38. I was doing the actual math and, without the $4000 down payment, I had paid $31,271.76. That's ridiculous. I checked my online statement and every other pay has been for Miscellaneous?? What that even means? I'm alone in this country and this just make me feel defeated. I should have done this research years ago. If someone has an answer on how to make this people pay for what they've done, please let me know!

Posted by
Patience
on
My Fiance and my mother purchased a car for me in 2015. The vehicle was priced at $13,998. My moms credit score was over 700 but my fiance's was lower 600s. We went to CarMax for our vehicle and needed a payment below $400 (the actual monthly amount is $384.03). Well, we got it. And we didn't question much about it. We have a 2012 Chevrolet Malibu. Wanna know the pay off about? $14,000. How did it get that high, you ask? Well, apparently, all of my payments go to interest as opposed to principle. In June, my husband got laid off. I filed for a two-month extension. We got it, and that brought my past due balance to $0. Every month since, I have paid over $410 to keep my account current. My monthly balance, however, is nearly $600. Out of EVERY PERSON I have spoken with, not a SINGLE ONE can tell me why I have nearly $200 in fees. And I have even talked to MANAGEMENT! I have informed them that until they can tell me what those fees are for, I will refuse to make a payment. I do not understand how a $0 balance and me making MORE than my monthly payment each month can drive up my balance and give me $200 in fees each month. I can't even refinance the loan or trade the car in! No one will touch it! They even did this to me when I was 21. I ended up calling them to get their damn car back.

Posted by
Harold zanders
on
need more information about joining law suit

Posted by
Tungelin Beene
on
I have been overcharged Fred and I’ve been paying on a 2008 Honda Acootd since 2011 and my balance is still $9874!

Posted by
Kimberly
on
I am interested in joining the class action lawsuit against santander. I have had my car for almost three years and still owe the same amount I did when I purchased it

Posted by
Nancy Burdick
on
I need an attorney. My loan was supposed to be done October 2017. They say I still have 20pmts left and my balance is not going down at all. Is there an attorney anyone can recommend to me to file a complaint against them and launch an investigation.

Posted by
Rocky Stice
on
I was very heavily harassed after trading in my vehicle..The dealership that took it in on trade sent my financing back through Santander...It took several harassing phone calls wanting a payment on a vechicle i no longer owned for them to realize it was gone and i now had another vechicle finaced through them...My biggest complaint is my crazy high interest rate...Why so much?? Please add me to this class action law suit

Posted by
LISA MITCHELL
on
i was approve for a auto loan with them for $16,000 and ive been paying for over a year. my payment is $436 every month and the loan amount is still $16,000. Please help me

Posted by
Tami Wenzl
on
I would like information on this

Posted by
Rachel
on
My husband and I got financed with Santander in early December of 2016, they did not verify income, just said if we could put $1000 down and trade in then they would finance it. We traded in a car with $1100 lain on it but they gave $5k trade in, a truck they gave $4k for even though we owed $8 On in and they took a motorcycle that was free and clear and gave us $1500 trade in for it too. We ended up not being able to afford it and let it go back. After auction we owed them $12k. Credit score shows it as a charge off and they forgave the 12k, but the creditor told my husband that in some cases they are mandated to repay the down payment and pay me ts made. Anyone have any info about that? It was bought in Arkansas and live in Oklahoma.

Posted by
Kim
on
I have a car loan with this company.i have made all my payments on time it started out at 72 payments I have made 69 payments on time I will be done in December now there trying to tell me I have to pay till march of 2018 I can't get a straight answers out of them why I have to pay 3 more months my loan is up in December 2017

Posted by
Monica Beavers
on
I opened my auto loan in April 2015, I made a $1000 down payment as well as monthly payments of $610 to which I was paying $700 monthly, on an 18,700 car loan, in June 2017 I was in a Mva that totaled my vehicle, my insurance made a settlement offer in which the fair market value was $10,900, they are now stating that the total loan with fees is 23,990 my vehicle wasn't ever valued for this amt brand new and after paying payments on time for almost 3years should have a balance owed of much less than 23,000 dollars to which after being totaled they state I still owe a balance of more than $10,300 after insurance settlement.. where did my payments get applied and also being repeatedly called by robotic calls 2-3 times daily for unpaid balance.. please help me. Thank you Monica B

Posted by
Yolanda Teasley
on
Info PLEASE, my car is financed thru them and account keeps getting higher instead of going down

Posted by
Ian Sabey
on
Please contact me with information on this. I picked up a loan at the end of June and was told by the dealership that Santander funded, a week later I got my plates. At the beginning of August, I received a call from the dealer saying that I had to go in and resign my contract again. Naturally I called Santander and they told me there was no record of me ever applying. Well I had the contract signed stating my consent for credit check and the dealer signed that it was sent. After providing my full social security number to the Santander rep, the vin number, my address, birthday, full name they stated they couldn't find a thing. When I got to the dealership an hour or two after this phone call sure as shit there was all my info on a brand new contract with a higher interest rate.

Posted by
Jennifer Gray
on
Hi,

Does anyone know how I can find out the names of all the dealerships Santander is suing? I'm one of the unfortunate dealerships that they have created irreparable harm to and after I've deposited a substantial amount of money thru a mediation process, they've decided after months of back and forth that they no longer wish to honor what they themselves gave as an offer. It's my understanding that they have over 100 dealerships they are suing so I not only wish to get the names to create a class but also to expose these cases in the media.
Thanks
Jenn

Posted by
Yvonne Houston
on
Please email me your contact number/info to discuss the Class Action Lawsuit. I have a car loan with Santander Consumer USA since August 13, 2016.

Thank you.

Posted by
Cliff Cunningham
on
I have been making payments over a year and 1/2 and it's still the same amount
It has not went down a dime am I paying 300 a month in interest the car was not on good condition to start and the auto center I got the car from were big scanners now I have a car that I put work into and paying monthly this is unfair need help
Thank you
Cliff Cunningham

Posted by
Shelby fost
on
I would like information on how to get in the lawsuit. I've made 17 payments and only 10 have had an amount go towards principle but never the same amount and only like $20. So I still owe over $20,000 for a $8,000 car.

Posted by
alice
on
I want in

Posted by
Shirley Guyton
on
Would to get complaint form exact web-site they are reporting credit B.. pay-off car had problems getting my title. as i requesting a.s.a.p form

Posted by
April
on
I want in own this lawsuit

Posted by
jodie sanchez
on
does anyone have info on any class action suits currently going on or know how to start one regarding payments and balances not just calls

Posted by
Marcus McKinney
on
I am a Veteran and I opened got a vehicle loan for an 2008 Dodge charger for about 18k while I was in the marine corps in October 2010. I made around $500 payments every month till about July 2012 when I got out of the military and was not able to pay my payments. I noticed I still had a balance of 17k. I was apparently only getting $50 taken off my balance every month. after I got out the military I was not able to make payments due to unemployment. my credit is bad because of this and I don't know how to recover/fix it. if anyone has any info/advice please help.

Posted by
Kimberly Davis
on
I would like to join the law suit my car loan is high and will not go down it keep getting higher than the original loan

Posted by
Martha Lancaster
on
Update on class action lawsuit

Posted by
Reshika Shivers
on
Got a 2012 Honda Accord from them 2 years ago.Making on time payments & balance not going down.Increased my carnote from $409 to $453.Then these scumbags are reporting I am 5 months behind.June 17 my car was total out.Called for payout & I still owe 17,000.My insurance only paid $11,000.Still upside down $7,000.I can't even get approved for another car.I have received so many harassing phone calls from them.I despise Santander with a passion.

Posted by
Lisa
on
Purchased a 2006 Nissan Xterra 4/8/2013 for 10,985 after a 2,000 down payment and $1,000 trade in. Today, 5/17/17 I STILL owe over $9,000. How??? They said I should have been making double paymentsbecause of the interest, which is %26.29!!! And they repossessed it Tuesday morning AFTER I made my payment. They still have the car even though they admit to a wrongful repo.
How do I join this lawsuit

Posted by
Maria
on
I got a loan vehicle from Santander in July 2013 I got the for $19,452 and my APR 22%. I went on January 2017 to see if I can trade my car in and they told me that they couldn't help me because I still owe $19,452. So I call and they told me because I being paying interest first but I being paying the car 3 years. To make story short on Feb. 8, 2017. I got up to take my kids to school and my car was gone. I call the police to see if was tow and they told me that nothing was reported to them. I call Santander and rep told me to make stolen vehicle to the police did that with my insurance to them on Feb. 17, 2017 I got call from my insurance that they found the car and that they tow company Repo my car on Feb. 7, 2017. I call them and they told me I was late 4 months and I need to pay $2,986 to get my car back. I got a letter from them on Feb. 27, 2017 saying how much I owe in the car and different fees. I need to be added to this class action lawsuit because I don't know what they did with my money.

Posted by
DeAnna G
on
I got my vehicle loan from Santander in 2013 and it seems that the balance was never going down. The repossessed my vehicle twice and I had to pay some extremely balances and that was supposed to go towards the balance and it never was applied. My vehicle motor stop working in my vehicle they came and repossessed my car and sold it for $3500 and told them that the vehicle doesn't even work at all so how did you sale the vehicle. Well I just received two letters in the mail about a recall on my car for the same problems that I was experiencing and the dealership was saying that it was urgent that I bring my vehicle in. Well since I no longer on this vehicle and Santander is always calling me about when am I going to pay this vehicle off. The balance that is owed on the vehicle is the very same balance I started off with when I got my auto loan. The cost of the vehicle was 17,000 and they say I owe 16,000 and how could that be when I was making my payments and even when my vehicle got repossessed twice and the fees that I paid to get my vehicle back was supposed to be applied towards the balance and it was never was applied. I need to be added to this class action lawsuit because I was treated unfairly and the I really don't see where the payments was applied to.

Posted by
Darnel
on
Found this website when I noticed this company saying I was 120 days delinquent on an auto loan for a car and an amount that I was not aware of in 2014 that I supposedly bought in 1998.

I really don't know where to start on this, but its dragging my credit down.

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