Lawyers and Settlements
Advertisement
Home Page >> Potential Lawsuit >> Santander Consumer USA TCPA Violations lawsuit

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.

FREE CASE EVALUATION

Send your Santander TCPA Violations claim to a lawyer who will review your claim at NO COST or obligation.Get Legal Help Now
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.
Last updated on


READER COMMENTS

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.

ADD YOUR COMMENT ON THIS ISSUE

Fields marked * are mandatory. Please read our comment guidelines before posting.

*Name:

Note: Your name will be published with your comment.

*Email Address:

Your email will only be used if a response is needed.

*Your Comment:

Are you the defendant or a subject matter expert on this topic with an opposing viewpoint? We'd love to hear your comments here as well, or if you'd like to contact us for an interview please submit your details here.

Request Santander TCPA Violations Legal Help

First name:

Last name:

Email address:

Phone number(s):

Zip/Postal Code:

Describe your complaint:

By submitting this form I agree to the Terms of Service.
There is no cost to submit this form.
I would like to be interviewed by a journalist.
Receive our weekly newsletter with the latest lawsuit news and legal information.


Related Lawsuits

Legal Services:

Advertisement
 
FAQ | TOS | Privacy | Disclaimer | About Us | Contact Us | Press | Advertise | Member Login | Site Map | View Mobile Website

American Bar Association - Proud Member   Better Business Bureau   CAALA   Best of the Web Approved   Public Justice


This work is licensed under a Creative Commons Attribution-NoDerivs 3.0 Unported License © 2001-2017 Online Legal Media. All rights reserved.


Visit other Online Legal Media Websites:

BigClassAction.comCALaborLawNews.com
OnlineLegalMarketing.comHealthEffectsOfAsbestos.com