Santander Consumer USA Charged with TCPA Violation
By Andrea Gressman
There 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.
Updated February 18th, 2013
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