Top Class Actions  |  August 9, 2022

Category: Closed Class Actions

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This settlement is closed!

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Logo of Santander on building, Santander Bank fees
(Photo Credit: nitpicker/Shutterstock)

Santander Bank agreed to pay $800,000 to resolve claims it charged unlawful convenience fees when consumers paid their car loans over the phone or online.

The settlement benefits individuals who had a car loan with Santander in Texas and paid a convenience fee when making a car payment over the phone, internet or through interactive voice response since Jan. 13, 2016. 

Santander Bank, formerly known as Sovereign Bank, is a Pennsylvania-based bank that has expanded into nine other states. The bank boasts 149 million customers across the world, $67.1 billion in U.S. deposits and $89.5 billion in U.S. assets.

According to a class action lawsuit, Santander violated the Texas Debt Collection Act (TDCA) by charging convenience fees to consumers making loan payments online or over the phone. These fees allegedly added up to $10.95 to payment amounts.

Plaintiffs in the class action lawsuit claim Santander’s “pay-to-pay” fees violate the TDCA, which prohibits collecting interest or additional fees on debts unless those fees are “expressly authorized” or “legally chargeable.” The fees charged by Santander are allegedly neither expressly authorized by account agreements or legally chargeable under Texas law.

The class action lawsuit also challenges Santander’s representation of these fees. Santander allegedly represents the pay-to-pay fees as a payment to a third party payment processing company. In reality, Santander pockets “nearly the entire amount” of the fees, the class action lawsuit contends.

Santander Bank hasn’t admitted any wrongdoing but agreed to pay $800,000 to resolve these allegations.

Under the terms of the settlement, class members can receive a cash payment. 

Payments will vary depending on the amount each class member paid in convenience fees. Class members who paid a higher amount in convenience fees will receive a larger share of the settlement fund. No payment estimates are available.

If the settlement is approved and no appeals are filed, payments are estimated to be sent around Dec. 26, 2022.

The settlement also provides credit repair benefits. Santander will request that credit bureaus delete related information from credit reports within 60 days of the settlement effective date.

If funds remain after the distribution of settlement payments, the money will be donated to Arkansas Jump$tart Coalition — a nonprofit organization which aims to improve financial literacy amongst young Arkansans. 

The deadline for exclusion and objection is Aug. 29, 2022. 

The final approval hearing is scheduled for Oct. 13, 2022.

No claim form is required to benefit from the settlement.

Who’s Eligible

The settlement benefits individuals who had a car loan with Santander in Texas and paid a convenience fee when making a car payment over the phone, internet or through interactive voice response since Jan. 13, 2016.

Potential Award

TBD

Proof of Purchase

No proof of purchase applicable

Exclusion and Objection Deadline

08/29/2022

Case Name

Wilson, et al. v. Santander Consumer USA Inc., Case No. 4:20-cv-00152-KGB, is pending in the U.S. District Court for the Eastern District of Arkansas

Final Hearing

10/13/2022

Settlement Website
Claims Administrator

Frenzetta Wilson et al. v. Santander Consumer USA Inc.
c/o JND Legal Administration
P.O. Box 91451
Seattle, WA 98111
844-202-9491

Class Counsel

Randall K Pulliam
Lee Lowther
CARNEY BATES & PULLIAM PLLC

Defense Counsel

K Issac deVyver
Benjamin Sitter
MCGUIREWOODS LLP

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136 thoughts onSantander Bank convenience fees $800K class action settlement

  1. Tanya Sessoms says:

    I received a noice that my pay off was $190.78 my bill Aldo stated the same balance. When I paid this amount it now states, on line $404.02 is the balance. When I try to speak with a customer representative it says my account is not found and restarts the prompt.

  2. Douglas peter says:

    Add me

    1. Tonya M. Allen says:

      I have a 20k loan with Santander

    2. Joan Ingle says:

      I’m being charged these fee and more..Add me

    3. tonya ceballos says:

      How do we get added to this lawsuit

  3. angelita peralez says:

    same my apr is 18% I’ve paid over 12K in interest and they always call saying im behind and that my car is up for repo. my total doesnt seem to reflect my payments and my car was only 23K in ending up paying close to 40K with payment being close to 500 monthly

    1. Jon Wallace says:

      I too have paid over 10,000 dollars in interest on a 2005 Nissan Titan pick up truck I called today to see if I could get the title it’s been paid off for six years now they say I owed ten dollars for my loan and a repo fee over six years ago for $800 so I need to pay that before I can get my title

      1. Jon Wallace says:

        My payment was over 500 dollars I bought it for ten thousand dollars and paid over twenty plus thousand dollars for it just because of their loan sharking abilities praying on the poor making them feel good to get a vehicle with bad credit so called

    2. Nicole Hurt says:

      Same here. My payoff NEVER CHANGES unless it goes up even higher! They are now withholding a check from me that my insurance company paid to me for body work on my car after an accident. All because I have unpaid late fees. I can’t get my car out of the shop until I pay the body shop the check that santander won’t give me!

  4. Kamela arnold says:

    I got my 2014 seirra for $20,000 almost 3 years ago. Been paying $710 per month religiously for the 3 years and my owed balance is still $20,000. After adding everything I’ve paid… I feel that I have paid well over what the truck was bought for. Not to mention cost of repairs to keep it rolling

  5. Jessica carte says:

    I got 2019 ford eco sport I have been paying now 2 going on 3 years now the price hasn’t dropped with all those payments! The car was only worth 23,000 they got me for 40,000 double what the car is worth! And 600 monthly payments to boot please help me. This company is a rip off also ridiculous how they do there customer!

    1. Nancy Lewis says:

      Same here, every month they say I am behind even thought I pay extra every month

    2. Tiffany says:

      I have a 2020 Jeep Compass financed through Santander and my payments are $796 a month.
      I’ve had it for a year now and not one cent has been applied to the principal!
      I agree with all of the others, Santander knows exactly what they’re doing by targeting hard working people that are barely getting by, simply because of life’s mishaps that unfortunately lead to less than perfect credit.

  6. Daniel McDevitt says:

    I have a solid case against Santanderlic’s, if any lawyer interested
    I mean it’s a dossy !!!!

    1. Missy says:

      I need in on this…I’m over lies and fees from this place. Not to mention horrible service.

      1. Ss says:

        Me too. Another one if they don’t cooperate. Had a message from one of their vps wanting to discuss.

  7. Keasia Jackson says:

    this is my first time auto financing and the dealer ship financed me through this company i recently looked at my payments and its like my balance is not going down i been paying all my payments and they listed them all as interest payments and one as principle but not all of the payment only like $54…out of the 3months ive been paying my balance went down $54

    1. Shawna G Byers says:

      I paid almost $10 a month for 4.5 years to pay my car payment via debit card by phone and got a massive $4.62 check. Don’t hold your breath on class actions!!!

    2. Jessica carte says:

      Same here also what lawyer works on theses line to know

      1. Jessica carte says:

        I have 2019 eco sport the car was only worth 23,000 they got me for 40,000 and 600 dollar monthly payments I have been paying on this for 2 almost 3 years now the price isn’t going down! This bank is rip off and ridiculous!

  8. Shawnae Allen says:

    Someone please help me I purchased a car loan from Santander a few days after my birthday August 29th, an now they have repossessed my car while I’m at work right now

  9. Lloyd ward says:

    Add me this lender is garbage was paying fees to pay my note 7 yeard

  10. Rhonda D Willis says:

    Surrender my vehicle before a factory recall . Had a issue with the dealership concerning the vehicle day one. The dealership. didn’t want to service the vehicle. Informed me it’s dealership didn’t want the vehicle back. It was no cooling period in NC. After 90 days trying to get some consumer ratification I try to. small claims court. Santander didn’t sell or reduce the loan. It’s resolution was to abandon the vehicle and release its lienhold to the impound for 4000 dollars of storage fees. However it’s still on my credit .No car but. this new founded information about other consumers unfair treatments have proved Santander and its relationship with dealerships is a join effort to scam consumers and. cause financial hardship. I am currently receiving disability payments and can’t afford this negative credit reporting. Is there a solution with this company for Forgiveness loans?

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