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Santander Consumer USA will pay $1.9 million to resolve claims the company’s notice letters sent to some Ohio customers after their vehicle was repossessed violated state law.
The settlement will benefit Ohio residents who meet the following criteria:
- purchased a vehicle
- entered into a retail installment sales contract (RISC) where the RISC was assigned to Santander Consumer USA, as part of the purchase transaction
- where, between Jan. 1, 2013, to the date the Court certifies and grants final approval to the Class for settlement purposes only, Santander repossessed the vehicle and then sent a “Notice of Our Plan to Sell Property” letter
- where that letter had a vehicle sale date including the phrase “on or after”
Anyone who received a deficiency balance waiver in connection with any action initiated by any state’s attorney general against Santander related to the person’s RISC or loan account in or around May 2020 is not a Class Member in this settlement unless they also made a payment toward the deficiency notice following repossession.
Those who are unsure whether they qualify as a Class Member should contact the settlement administrator.
The class action lawsuit had alleged Santander Consumer USA violated the Ohio Uniform Commercial Code, the Ohio Consumer Sales Practices Act, and the Ohio Retail Installment Sales Act.
According to the plaintiff, Santander’s “Notice of Intent to Sell Property” letter sent to Ohio consumers after their vehicle was repossessed violated these laws by including a vehicle sale date that included the phrase “on or after.”
While Santander Consumer USA denies any law violations, it has agreed to the settlement in order to avoid continuing litigation.
As part of the settlement agreement, Santander Consumer USA will eliminate each Class member’s deficiency balance — the amount the company claims it is still owed after the vehicle’s repossession and sale. More than $333 million in deficiency balances will be eliminated.
Santander Consumer USA also will ask credit reporting agencies to delete the tradelines for these accounts from Class Members’ credit reports.
Class Members who made payments after their car was sold may be eligible for a cash payment.
Those who made payments toward their deficiency balance after their repossessed vehicle was sold will get a cash payment, the amount of which will be calculated by comparing how much they paid to the total of such payments Class Members made to Santander.
The amount also will depend on the amount of money in the settlement fund after administrative costs are paid and incentive payments are made to Class representatives.
Class Members in the Santander Consumer USA settlement do not need to file a claim form in order to benefit.
Those wishing to exclude themselves from or object to the settlement must do so by March 4, 2021.
A fairness hearing will be held April 5, 2021.
Who’s Eligible
The settlement will benefit Ohio residents who meet the following criteria:
- purchased a vehicle
- entered into a retail installment sales contract (RISC) where the RISC was assigned to Santander Consumer USA, as part of the purchase transaction
- where, between Jan. 1, 2013, to the date the Court certifies and grants final approval to the Class for settlement purposes only, Santander repossessed the vehicle and then sent a “Notice of Our Plan to Sell Property” letter
- where that letter had a vehicle sale date including the phrase “on or after”
Anyone who received a deficiency balance waiver in connection with any action initiated by any state’s attorney general against Santander related to the person’s RISC or loan account in or around May 2020 is not a Class Member in this settlement unless they also made a payment toward the deficiency notice following repossession.
Potential Award
Varies.
- Class Members who made payments after their car was sold may be eligible for a cash payment. Those who made payments toward their deficiency balance after their repossessed vehicle was sold will get a cash payment, the amount of which will be calculated by comparing how much they paid to the total of such payments Class Members made to Santander. The amount also will depend on the amount of money in the settlement fund after administrative costs are paid and incentive payments are made to Class representatives.
- As part of the settlement agreement, Santander Consumer USA will eliminate each Class member’s deficiency balance — the amount the company claims it is still owed after the vehicle’s repossession and sale. More than $333 million in deficiency balances will be eliminated.
- Santander Consumer USA also will ask credit reporting agencies to delete the tradelines for these accounts from Class Members’ credit reports.
Proof of Purchase
Emails, customer service chat logs, repair records, insurance claims, Return Merchandise Authorization confirmations, or other credible evidence of microphone or speaker failure.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
N/A
Case Name
Rayburn v. Santander Consumer USA Inc., Case No. 2:18-cv-1534 in the U.S. District Court for the Southern District of Ohio
Final Hearing
04/05/2021
Settlement Website
Claims Administrator
Rayburn v. Santander Consumer USA
c/o JND Legal Administration
PO Box 91389
Seattle, WA 98111
(888) 681-1076
[email protected]
Class Counsel
Ronald I. Frederick
FREDERICK & BERLER LLC
Daniel P. Goetz
WEISMAN, KENNEDY & BERRIS CO. LPA
Defense Counsel
K. Issac deVyver
Benjamin J. Sitter
MCGUIREWOODS LLP
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25 thoughts onSantander Consumer USA to Pay $1.9M in Ohio Repossession Letter Settlement
I bought a car with santander in 2016
I would like a lawyer to contact me
Tn needs to be in this to they done the same thing to me repoed my car
Mine was taken 8 days ago.
Deceptive Loan Practices done to me too the loan was $20K the price of car was $15K I already paid $11,091K SANTANDER claims the payoff is $19K the car is worthless they put 1% on Principal 99% on Interest their Interests they lied every conversation will not comply in any issue they put Fraudulent information on all my Credit Reports they ruined my health Deception is Lying & Stealing a person’s money they refuse to give me the Title Loan Forgiveness and to remove Fraudulent information from my Credit Reports they held my Car Payments until after the due dates to charge me late fees their payment dates do not correspond to my dates they have not mailed me statements for a year now I want a lawyer to file a Law Suit & settle this FRAUD Nightmare fast this can cause me to have a stroke & Heart Attack & Die
I’m going through the same thing with this scam of a bank they illegally repossessed my daughters car never sent a letter and she wasn’t behind on payments but for some reason a January payment of over 1100 dollars was returned to her bank in may 7th and flagged as fraudulent which is weird they repossessed her car car on may 11th days before her college graduation and everytime we call to speak to a president/ceo of the company we never get to speak with them and the reps are very rude and never answer our questions they only speak of making a large payment which is not owed to them at all this is clearly something they screwed up on and we’re being held accountable for it so I called the attorney general and I was told by them to call the state police and the FBI so that’s exactly what I’m gonna do I will not let these people rip me and my daughter off and on top of everything they lied about a 415 dollar repossession fee and when we spoke to the people who have the car they said that’s not their fee they only charge 10 a day and 75 reinstatement fee so what the hell is going on and why are they lying who’s u set the table collecting people’s hard earned money this place is nothing but a scam and a rip off and they need to be investigated and held accountable table for screwing people over
I wish I had known about this. Santander did this to me also in about 2017. I got paid the day after the car note was due and had arranged for a debit the very next morning and they took it that night. When I called I was told it sold way above what I owed which was down to around 6k. The next thing I new They put it on my credit, and update it all the time so it will stay on it. I haven been able to hutly a ca since.
Nothing but a bunch of Thieves pray it on people did it already having a hard time due to this wonderful economy we’ve had before I lose mine I’ll park it in the showroom floor oops it’s upside down
This lawsuit and all the other lawsuits against Santander are clearly a joke. In every suit Santander is found to be at fault or agrees to a settlement. Afterwards they never comply with court agreements and continue to repossess vehicles without being held accountable. Suing them is fruitless. I don’t know who they have in their pocket but clearly they have someone.
I agree wholeheartedly, these are a joke.
I was part of this suit and it doesn’t make me whole from everything that happened as a result but they wiped out the ridiculous amount they said I still owed and wiped it off my credit report, so this was a huge help to me.
When will Kentucky be able to make claims
When will Illinois be able to claim we got same thing repoed car then sent is letter to pay up. Suppose to be other way around.
This should be every state