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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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74 thoughts onSantander Consumer USA Charged with TCPA Violation
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.
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.
I have also received harassing calls from Santainder Consumer.
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.
I would like to be considered as part of this class to file a suit against Santander.
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!
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!!!!!!
The law firm of Davis and Norris, LL. Birmingham Alabama
We were going to refinance and get away from Santander after Citi had sold our account to them. We had A1 credit,, never been late. Since the ecomony fell we only had gotten help by Santander twice with deferrnebts, which we were told would not raise our rates or interest, which was sent to us by them thru the mail. When we called to ask how much we still owed, we were told the right ammount (we only owed one more year) then we were told we owed a Ballon payment of $3000 BESIDES WHAT WE OWED ON THE TRUCK. Santander could not telll us were the Ballon Payment came from, they said it maybe the fee they charged us for the 2 deferrments. Got to be kidding me!! There was no ballon payment on our original contract with Citi, we don’t do ballon payments ever. Santander knew me and my wife was on a fixed income and was disabled, I needed the truck for my scooter in order to get around. They knew our income had been reduced a few hundred dollars, which we sent prove in to them hopping they woud lower our payment down. They said they would only help us with the 2 defferrments. Santander told my husband to get a job and pay them all they were telling us we owed them. We got the information a few months ago we are included into the class action suite. But I believe only people who sent them money after they gave up the vehicles to them witll get any satifaction. After giving our truck up to them Santander sent us a bill saying we owed them a additional $2000 for detailing and selling our truck, which they sold a week later. They got even MORE FOR THE TRUCK THEN WHAT WE WERE SUPPOSED TO OF PAID FOR IT. OUR CREDIT IS SHOT AND WE CANNOT AFFORD A VEHICLE. I told them on one of their numerous harrassing phone calls that if I had the money to pay them, I would use the money to sue them instead!!
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.
I sued santander last year and won. I gave back the truck they erased my credit and gave me 8,000 cash
What law firm did you use?
What state do you live in?
What is the procedure to file a lawsuit against this company?
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
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
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