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Santander Consumer USA Charged with TCPA Violation

By Andrea Gressman

 

Santander Consumer USAThere has been a class action lawsuit filed against Santander Consumer USA for allegedly violating the Telephone Consumer Protection Act (TCPA) as well as the Fair Debt Collection Practices Act. The plaintiffs have also charged the company with breach of contract for allegedly charging improper fees.

Santander Consumer USA, according to their website, is “a leading company in the automotive finance sector.” However, the company has been accused of using “heavy-handed tactics” to get consumers to pay up on these loans, including allegedly violating the TCPA.

There are several federal laws that a debt collector must adhere to regarding their practices. One of these laws is the Telephone Consumer Protection Act, which prohibits companies from calling consumers on their cell phones using an automatic dialing machine (robo-dialer) or a pre-recorded message without their permission.

Plaintiffs in the Santander Consumer class action lawsuit accuse the company of making repeated and even harassing calls to their cell phones in violation of the TCPA.

If you have dealings with Santander Consumer and believe they are violating the Telephone Consumer Protection Act, you should contact a TCPA lawsuit attorney right away. It is also suggested that you do not sign any agreements with the company until you have consulted a qualified attorney in order to protect your interests.

Each call the company places to you in violation of the TCPA can mean a penalty at the minimum rate of $500 for each call. This can add of very quickly to a sizeable sum.

It is important that you keep any and all records that you have of these phone calls, including any recordings on either your cellphone or home phone – especially any harassing messages you may receive. It has also been advised by some familiar with the TCPA to record your conversation with the company and specifically tell they are no longer allowed to call you. However, it is advisable to speak with a qualified attorney before you go any further with any actions.

If you believe that you have been the victim of a Telephone Consumer Protection Act (TCPA) violation visit the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation right away to learn more about your options. You may have a lawsuit to seek compensation through a TCPA class action settlement.

 

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Updated February 18th, 2013

 

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50 Comments

  • james capers March 31, 2013

    I have been harassed by Santander consumer usa by telephone for they would even call my job if I didnt answer my cell or coulnt answer my cell every few mins until I got off work. If I was one day late which my contact says I got 10 days to do so. They would even have the car dealer call me checking on me also. I dont think they are register with the state of Oklahoma to even do loan contacts. There interest is up and beyond the states laws. they need to be stopped.

  • Jason April 24, 2013

    My girlfriend has a loan that was sold to santander by citi. Citi should be held responsible for selling their loans to a known predatory lender. We are negotiating with a dealership to get the payoff amount as her trade in and get a new car for her financed through the manufacturer. After tonight no more santander except for our lawyer adding her to the class action law suit. I’d like to see where in any loan contract it states that if the loan is sold to a third party the third party can triple your interest rate and charge 100 dollar late fees starting on the due date of the loan. Summary she financed 16000 in 2007 and made payments of 340 since then and santander states she still owes over 7k. if you are going through santander you might as well charge a vehicle to visa or mastercard the interest rates are the same.

  • William Spencer May 24, 2013

    We have being paying on a car for going on 7years now. We were supposed to be finishing paying for the car next month( June 2013), when we talked to santander in January 2013. However, when we talked to them yesterday (5/23/13), they said we owed another year due to last fees and interest. How can any company get away with this? We really need help, because this is not right. Please help us. Need to get a lawyer right away. All payments have been throught our checking account, so we can get a bank statement with every payment ever made. Also we have a copy of bills they have sent, which changes every few months even know payments have been made. We have documents, but now we are looking for an attorney to take our case. Please contact asap. Thanks for you help in this matter.

  • Annie May 27, 2013

    Santander just took our vehicle today for the same thing #3 is complaining about. My loan should have ended last year in June, but they told me also, that I owed fees at the end of the contract so I could continue to pay monthly. Here we are a year later, and they say I still owe $3600. There is no way this can be true. A vehicle that was supposed to cost $17,000 is now up to almost $33000, and I still owe? No way. Something needs done with them immediately!

    • Ms. B April 6, 2014

      Sue them just as I have. That’s all they seem to understand.

      • Celane August 20, 2014

        I purchased my car in 2010 for 16000. It’s now 2014 and they tell me I owe 14000. How can this be? They are bleeding so many people with these fees and the number of phone calls are crazy! Ms B who is your lawyer and how can I contact them? Santander consumer is the worst. I need to know how to put my name on the Class Action suit.

  • Virginia Spears June 11, 2013

    My car should of been paid off in 2011 & here it is 2013. Citi should be held responsible I have never been late on a payment ever.Per an Attorney I talked to they are out of Mexico. Why should we have to hire Atty’s? Why isn’t the Attorney General Office stepping in?

  • J Veatch June 20, 2013

    Santander is claiming I am personally responsible for the balance of an RV loan they bought from GE credit who bought from Thor financial and was taken out and titled in the name of an LLC.

  • tina July 31, 2013

    I purchased m y car threw santander 2010 and paid on my car for 2 yrs before I voluntarily turned it over. I realised there was a problem when I looked at my pay off online and in that two years I actually owed more for my vehicle than when I originally purchased it. I found out that the purdum on the financed loan calculated to be $10.5 a day my car note was 389.23 so in a 31 day month I was only paying 63.98 towards my principle the rest went in there pocket. There late fees would eat that up and then some. Have you ever heard the “The song that never ends” well this for me would have been the car not that never ends .

  • tina July 31, 2013

    I purchased m y car threw santander 2010 and paid on my car for 2 yrs before I voluntarily turned it over. I realised there was a problem when I looked at my pay off online and in that two years I actually owed more for my vehicle than when I originally purchased it. I found out that the purdum on the financed loan calculated to be $10.5 a day my car note was 389.23 so in a 31 day month I was only paying 63.98 towards my principle the rest went in there pocket. There late fees would eat that up and then some. Have you ever heard the “The song that never ends” well this for me would have been the car not that never ends .

    • Lisa Armstrong May 20, 2014

      I purchase a car in 2007, paid 10,000 deferred only two payments during the length of my five year loan paying $ 295 a month.Santander claim I missed payments and took my car, I paid the balance in full got the car back and two months later, they auctioned it off within 24 hours, which I know is illegal. They claimed I owe all this back interest. I hope it’s not too late to get involved in a class action suite, something has to be done to put this predatory lending company out of business, and get back what is rightfully owed.

  • Joel Diel August 26, 2013

    I bought a car from Roper KIA in Joplin, MO in October 2012 and it was all good. I called them to kinda see where I was with my pay off. I check on my principle balance and they said that I owed 18,495 and this was July 2013. I sent a payment in (money order) and forgot to rip off the money order receipt. They called and called and called. every time I asnwered the phone, the the line went dead. I called them to find out what they needed and they stated that they never got my payment. I took responsibility for my part and told them that as long as they could work with me, I would be okay to make the payment. I called the the other day (8/20/13) they told me that I needed to pay up as the late fees were going to get me. I aske3d what they were talking about and they stated that I owed over $1300 for this months payment. I got really upset and asked what is owed on the car to see if any of my payments are going torward principle and they were not. I Financed $18,850 and I now owe $18,990 on the car. WTH are we going to do about this company. I signed a contract with the dealership and they stated that the contract I signed was bought out by Santander and that there was nothing that they could do for me. They did offer to sell me another car. the payments would have been $150 more a month. My car will be repo’d and there is nothing I can do about it.

  • Joel Diel August 26, 2013

    I bought a car from Roper KIA in Joplin, MO in October 2012 and it was all good. I called them to kinda see where I was with my pay off. I check on my principle balance and they said that I owed 18,495 and this was July 2013. I sent a payment in (money order) and forgot to rip off the money order receipt. They called and called and called. every time I asnwered the phone, the the line went dead. I called them to find out what they needed and they stated that they never got my payment. I took responsibility for my part and told them that as long as they could work with me, I would be okay to make the payment. I called the the other day (8/20/13) they told me that I needed to pay up as the late fees were going to get me. I aske3d what they were talking about and they stated that I owed over $1300 for this months payment. I got really upset and asked what is owed on the car to see if any of my payments are going torward principle and they were not. I Financed $18,850 and I now owe $18,990 on the car. WTH are we going to do about this company. I signed a contract with the dealership and they stated that the contract I signed was bought out by Santander and that there was nothing that they could do for me. They did offer to sell me another car. the payments would have been $150 more a month. My car will be repo’d and there is nothing I can do about it.

  • Alfreda August 29, 2013

    I have Santander Consumer for car loan and I think my payments are too high I had a trade with extremely less miles for it being 2005 Nissan and least wear and tear on it tinted windows silver great shape charged me $500.00 down payment and car payments are the same as my trade in I think they could’ve lower my payments due to my trade

    • Eric January 12, 2014

      Hi my name is Eric i was wondering what steps you took to sue Santander because I need to do the same thing If you could help me I would appreciate it

      • Odessa January 22, 2014

        The lawfirm of Davis and Norris, LLC. in Birmingham Alabama is currently handling the class action lawsuit against Santander Consumer LLC. You can find them on the web.

        Odessa

  • lee September 16, 2013

    I sued santander last year and won. I gave back the truck they erased my credit and gave me 8,000 cash

    • Mary R. February 10, 2014

      What law firm did you use?

      • Ms. B April 6, 2014

        What state do you live in?

    • Tee June 23, 2014

      What is the procedure to file a lawsuit against this company?

  • andres hernandez September 17, 2013

    i have had santander consumer USA for 3-4 yrs now and my payments are 450 a month but they report my monthly payment is 1000 and beyond it has not gone down since. I also been harassed by calls from them. I recently paid money I owed them and they tried to collect more with out my authorization. I called my bank to make a report, I called Santander and they basically ignored me and said my bank has to fax them proof. like they didn’t know what they did.

  • Natalie Elliott September 27, 2013

    does anyone know of any class action law suits against this company? I want to be included!!!!! They are ripoff artist for people with the misfortune of having credit issues or second chance customers. Even if you are a 2nd chance customer, and you are paying on time, you should be treated fairly. They are ripping off folks. Large sums of your montly payment is going to interest as opposed to the principle…they claim that they do SIMPLE LOANS….WTF!!!! MIsleading! How can a person have made every payment and still can not get the TITLE to their vehicle. Opps half of your payment went towards interest. If you have an opportunity to refinance! HURRY and DO IT!!!!!! you will end up paying almost 2x the amount of the loan when SANTANDER is finished raping you!!!!!!

    • Odessa January 22, 2014

      The law firm of Davis and Norris, LL. Birmingham Alabama

  • JAYMIE L. October 7, 2013

    I would LOVE to be included in this suit. I have been paying on my loan since June and already owe more than I did at the start! I have tried paying early & paying over writing “Principle Only” on the payment, they claim it’s all going to interest. I hate them! Ready to volunteer a repo!

  • Kimberlyn Randolph October 23, 2013

    I would like to be considered as part of this class to file a suit against Santander.

  • Sheila October 25, 2013

    Prior to Santander repossessing my car in December of 2012 I too was a victim of the robo calls and constant calls from their company.

    Is there a lawsuit for those who had repossesions? I had that car for 7 years and still have over $7000 balance at the time of repo.

  • Margie Kelley October 27, 2013

    I have also received harassing calls from Santainder Consumer.

  • Jake W. October 28, 2013

    My auto loan was purchased by Santander from another company. I’m now in the 7th year of a five year loan???
    They decided they should change the terms of my loan to suit them. I have to file suit against them. I have no choice.

  • Catrina Hutchins November 7, 2013

    I have an account with Santander and I have reached my 72 month maturity date earlier this year but now they refuse to send me title stating that I still owe them 5200.00 in fees which no one can ever explain. They use a lockbox method which means payments are manually entered whenever a employee gets to them no matter when you mail your payment. I am among thousands experiencing the same thing with this company.

  • Linda Gonzalez November 9, 2013

    I need an attorney to file suit against Santander and also need to join a class action. same boat as others, suddenly thousands of dollars in interest added to a loan.

  • SHIRLEY CULLEY November 12, 2013

    i have a loan with santander there fees are outrageous

  • sam Evans November 19, 2013

    I have a loan with santaner for 7yrs.my car was 18,900.00 when my loan was up i paid 42k.they said i still owe 15k because of a deferment back in 2010.so they want me to pay a total of 57k for a 03 cherokee.

  • kivlighn November 23, 2013

    Car was fully insured, then totaled. State Farm paid Santander full balance owed. Didn’t pay fast enough though. Santander rep repeatedly called me at work. Told him to stop. He said I’d regret not helping him. He put $1 charge off and two months late (for two months AFTER car totaled) on my credit reports. Severely affected credit rating, loan rate and ability to get credit. This deceptive credit reporting practice is becoming more common with them apparently…kivlighn@aol.com

  • Amy December 20, 2013

    My parents had a loan through Citi which then became Santander. They were then charged ridiculous fees and charges when they paid on time. I called them and they just gave me the run around. They continued to charge ridiculous fees and penalties. They were paying more money than the car was worth. They constantly called and left harassing voice messages on their answering machine. Finally they quit paying the loan because it became too much and they took the car 5 months later. Their practices are unethical and abusive and need to be stopped and shut down. Ridiculous.

  • jchoop December 26, 2013

    I would love to be apart of a class action law suit against Santander.

  • D B January 6, 2014

    Make a Phone Number on Google Voice for FREE! Go online to Santanderconsumerusa.com and make a profle for your account – update your phone numbers with the new Google Voice number and bogus numbers for references. Bogus addresses in different states for yourself home and mailing….. then u can BLOCK every number they call from on Google Voice. and theyll never be able to contact you. FIRST HAND EXPERIENCE WORKS GREAT!!! Beat them at their own game!! DUHHHHHH

  • Odessa January 22, 2014

    For those that are interested in class action lawsuit against Santander Consumer LL. contact Davis and Norris, LLC. Their office is located in Birmingham Alabama. Go to their website to find out any information.

  • Sarah R February 11, 2014

    Amazing!! I felt alone in this mess I am in with the horrible company. I bought our Versa for $14125. a year later my payoff was $14125. Santander stated it was interest. When I confronted the fact of that makes NO sense they kept repeating that it was interest.This company yet has to report to my credit, and when I tried to trade the car in, the manager of the dealership comes back to let me know they could not legally touch the car, I am not the owner. Yes I know this does not make sense. When the dealership contacted Santander for payoff information, Santander does not know who I am or the vehicle I own. OK gets even more strange. A year before all this came out we went through bankruptcy and signed a reaff agreement. If I knew then what I know now….

  • Jeremie February 11, 2014

    My Hsbc Loan was bought out by Santander and they have increased my interest rate and added all kinds of fees. Last month when I looked at my pay off it was more than three thousand more than the previous month. Can anyone help, I reside in az and am not sure about which law firm would be good.

    • brant May 28, 2014

      Did you hear anything about this? I live arizona and the same thing is happening to us.. contact me. Please bmedeiros2004@gmail.com

      I should be paid off this month and called to get a payoff with them saying I still owe $3600

  • henry February 21, 2014

    I BOUGHT A THRU DRIVE FINANCIAL MADE MY PAYMENTS THEN I GOT SOMETHING IN THE MAIL TO MAKE PAYMENTS TO SANTANDER CONSUMER USA I PAID $387.61 FOR 7 YRS ON A $17,000 ENVOY IN 2007 I STILL HAVE 10 YRS LEFT THAT VWILL COST OVER $30,000 AND THEY PUT ME IN TO BANKRUPT WHILE I WAS MAKING PAYMENTS, WITHOUT GOING TO COURT TO FILE THE PROPER PAPERWORK OR SIGNING ANYTHING, THEY NEED TO PAY ME BACK ALL MY MONEY AND REMOVE THE BANKRUPCT OFF MY CREDIT I NEVER KNEW THEY DID THAT TO ME UNTIL I WENT TO BUY A NEW CAR. I WOULD LIKE TO SUE THEM FOR FRAUD, AND FORGERING DOCUMENTS WITHOUT MY SIGNATURE, AND MY PAIN AND SUFFERING.

  • cdm February 25, 2014

    I’m in the same situation. Bought a brand new 2007 mitsubishi eclipse in June 2007 santander took over loan at end of 2010. Made 76 out of 73 payments so far and santander says i still owe almost $14,000.00. I paid $19006.00 in 2007. They tell me since the loan did not originate through them they can’t help me and they can’t prove the have my loan documents. I have them but they don’t know that. I need an attorney to sue them to get my title. They say it is interest being paid. I did 2 extentions before they took loan over, I wouldn’t think by doing this it would cost me an extra 14 thousand plus dollars. It seems like when they took over the loan they started my loan as if I just financed it with them in 2010 and had never made a payment. They say my loan will be paid off june 2019, this is 12yrs of payments on a 19 thousand dollar car. This is nuts. I will not give up and give it to them. I will win and find a way to sue them. This needs to go to the TV news stations nation wide. Good luck everyone..

  • Jan April 6, 2014

    I, too, have had a terrible experience with this company. Bought a 2003 in November 2007 for $15k. Six months later, $2000 in repairs need to car and I was unemployed trying to work with them. Well after all of the harassing phone calls, I decided to voluntarily let it go in 2010. They recover the vehicle in perfect condition and sold it at auction for the amount owed. Well they didn’t turn in the plate. I discovered this when I went to DMV to renew my license. I had to pay fees on that and needed proof that the vehicle was no longer in my possession. Called them to get proof of repo from them and the manager laughed in my face telling me he couldn’t help me. Needless to say I found a way around that, avoiding the fees and renewing my license. Now it’s still on my credit report but looks as if they are changing the report date from the original date of repo to a more recent date like this year, 2014!!! I have not talked to anyone from that company since 2010. I’m am going to have someone look into this because I went through more than enough trouble with them at the worst time in my life. They do not care about anything but the money. Everyone deserves to be treated with respect whetheryou can pay on time every time or going tthrough setbacks in life. Bad things happen to good people, too.

  • SANDRA KOKER May 14, 2014

    I have worked with Davis and Norris now since 2012 and have not herd any thing from them about the progress of the claim I maid with them and the information I had submitted to them. They have my e-mail address my phone is not the same. Would love to here something back please.

  • britt July 1, 2014

    Did anyone have trouble getting personal possession s from a repod car from this company?

  • Snami Glay July 31, 2014

    I am in a worsening predicament. I purchased an 07 Camry financed by Santander, have been making payments 2+ years at 491 and now learned only 2K has gone towards the principal. They are threatening and call 3-4 times in one hour.

  • Kenneth McCarley August 2, 2014

    Hello. I have my vehicle financed thru Santander Consumer. I have been paying on it for four years now at $222 per month. I only financed $10,000. They say I still owe another 2 years till it will be paid off. I have looked over my payment history and I see that some months they only put like $10 on the principal and like the other $210 went to interest. Then I see a lot of $10.95 fees every month and sometimes twice a month. How the heck can they get away with this. I feel my vehicle should be paid off as of this month. Also they call and harass me every day and also on weekends and holidays and have been doing this for the last 2+ Years. Ughhhhhhh it’s so annoying. Please if anyone can help it would be greatly appreciated. My contact # is 479-459-2342. Thanks.

  • nora M August 2, 2014

    I to had a loan with santander , I bought a car for 7,900 paid every month on it at 250.00 dollars a month, paid on it for 2/12 years , time came to pay it off they told me I still owed 6900, are you kidding me, between the email , phone calls and the mail I am beyond mad.
    They came and took the car back and I am looking for an attorney who will handle this for me,They have ruined my credit and my son’s credit also. So If there is any Lawyer out there reading this please help us. You can contact me at nncgifts@yahoo.com. PLEASE SOMEONE OUT THERE PUT A STOP TO THIS COMPANY. THEY ARE BEYOND THIEVES.

  • Lynn Williams August 7, 2014

    Has anyone won a Case against santander consumer usa ? Has anyone won a case against Santander Consumer Usa with the Law offices of Davis & Norris LLP Birmingham,Ala?

  • Susan romine August 12, 2014

    I bought a car in 2008 with santander and sold to HSBC . Santander would call me from 9 am to 855 pm 7 days a week from the first day the payment was due. They had around 200 different phone numbers they would call from . And would call repeatedly 3 to 4 times in a row 5 to 6 times a day. On my cell phone that I never gave them permission to call and at work. It got to the point I was screaming at them. I paid them off on time but they would refuse payment by credit card at the end it seemed to just get more money. I was about to lose my mind I have wittness. I was harassed,

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