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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 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,
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?
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.
Contact Attorney Davis and Norris in Alabama they are representing clients that is dealing with this nonsense thru Sandtander
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.
You need to contact Attorney Davis and Norris, they are handling so many cases like yours. We all have/are in the same position you are. Give them a call and they will represent you.
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.
Did anyone have trouble getting personal possession s from a repod car from this company?
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.
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.
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..
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.