Santander Faces Class Action Lawsuit Over Fair Debt Collection Practices


San Diego, CA: Santander Consumer USA is facing a class action lawsuit over alleged violations of the Telephone Consumer Protection Act (TCPA) as well as the Fair Debt Collection Practices Act. The lawsuit also alleges Santander breached its own contracts by charging improper fees.

Santander Consumer USA, which operates in the automotive finance sector, is accused using “heavy-handed tactics” to get consumers to pay their loans, tactics which alleged violated the TCPA. These tactics include making repeated and harassing calls to plaintiffs' phones.

Santander TCPA Harrassment Class Action Legal Help

If you or a loved one has suffered similar damages or injuries, please fill in the form to the right and your complaint will be sent to a lawyer who may evaluate your claim at no cost or obligation.

Reader Comments

Posted by
Zandra
on
I would like to get in on the lawsuit I had a 4 year loan and 5 years later I still owe 9.000

Posted by
Larnce Murvin
on
'm trying to see if it to late to join the class action lawsuit against Santander Consumer USA .Please contact me to let me give my details. This company is truly engaging in fraud and unfair decietful practices. Thanks for all your assistance.

Posted by
Melinda
on
I would like to join this Class-Action Law Suit. My story is the same as other's. I got tired of the harassment and invalid charges and paid off my vehicle a year ago. I still have not received my title or lien release to be able to obtain a title. They blocked me before it was paid off from getting account information or making payments online. I now have been blocked from calling any of their phone numbers. I bought my car in 2008 and it took 6 years and lots of invalid charges and a balloon payment to pay it off. Three months after payoff I received a check in the mail for $8.03 for overpayment....LOL...how about giving me the $8,003 in over payment. When asking why I had not received my title they said they sent it to me. They said would send again. After that they referred me to a third-party that wanted lots of dollars to send me my title. I still have no title and no lien release.

Posted by
Tara Wilson
on
I would like to join class action lawsuit due to ,unfair credit practice, high interest, payments not being applied to balance , had my vehicle over 3yrs cat only worth $8500 but payoff is still $15,000...Cam some one please help. I went through this once before with a financing company. At least they had the decency to refund me for over charging in interest fees. Without me even having knowing that was the case.

Posted by
young
on
santander are total rip offs. please contact me for the class action lawsuit. I send to checks every month, one for payment and one for additional principle and they told me I need to call them and tell them because a machine processes the checks and does not know it is for additional payments. so when I receive my bill it doesn't reflect my additional payment. please help I need to get away from these criminals

Posted by
Chari
on
I am trying to see if it is too late to join the class action suit against Santander Consumer USA, if not I would like to be included as I had an auto loan through them & the car was repossessed. And if so, will there be another suit filed?

Posted by
Katherine White
on
My story is the same as others. I've had a car financed through Santander since 2012 and the total payoff is still at over $20,000. I've had late payments here and there over the years but the problem is the majority of any payments have gone to interest. Some principle payments have been les than $10. This company is such a scam. They've started calling my family members while I figure out what's next. Not good and not right.

Posted by
Erika Prado
on
I would like to know if I can still join the lawsuit against Santander. I had an Auto Loan with them.

Posted by
Dee
on
I have a 2014 chevy cruze car loan with Santander. I have been paying this loan for almost 3 years and have paid about $15000.00 in total. Yet only about $2,000.00 has went to principal. It's sad to invest so much money and most of it is being pocketed. Yet these crooks still have the nerve to call you 5 times a day if you're a day late! Something needs to be done. I hope their is still a chance to join this lawsuit.

Posted by
Ammy
on
I purchased a 2005 GMC Canyon for $9,998 in October of 2012. Santander financed me for $12,910.92 at 24.99% annual interest rate. My first three or four payments went directly to interest, which didn't make sense if they're calculating interest based on how many days between payments - how could my first payment have accrued any interest? They are taking random amounts of interest, refuse to give me an amortization schedule, saying they don't do that and would not tell me what fees or penalties they are charging me for - there is only one late payment in my credit history. If I continue paying Santander at the current rate, when my contract is up they will have received at least $26,250 - more than doubling the amount borrowed.

Thus far I've paid:
$276.28 in "miscellaneous fees"
$459.90 in fees to pay my bill - which they have not charged the last two months
$4,810.57 towards the principal
$10,734.95 to interest
Total paid to date: $16,281.70

They apply anywhere between $5.03 to $328.42 of my payments of at least $352 towards the principal - only 35 of my payments have had anything put towards principal.

Posted by
R. Irving Moses
on
1. I was late on payments for my 2005 Jeep Liberty. Santander reps called 2 of my co-workers & discussed my late payments(account) with them. When I confronted Santander about this, they said they had every right to "collect" on this account any way they wanted.

2. I paid off my account in 02-2013. When I paid off my account, Santander claimed I STILL owed them 2 thousand dollars.. I told them I had receipts for EVERY PAYMENT I have ever made to them. They immediately dropped they're claim.

Posted by
Mariam Bartram
on
I need to get in on this lawsuit. My car loan with Triad made an agreement with me to make two payments and then I would have 30 days to make the next one. After making the two payments as agreed with Triad collection agent, my Triad loan was purchased by Santander without my consent. Their extremely rude collection agent disregarded Triad's agreement with me that I was caught up and had 30 days to make the next payment, and then proceeded to demand payment when I was told I would have 30 days to make it. They kept making harassing phone calls 10 times a day, greatly stressing me out, and threatening to repossess my car which I had paid off more than half of the loan already. Tired of their harassment, and being out of work on unemployment benefits only, I said I would agree to a voluntary repossession if they wouldn't put on my credit report and would mark it as paid in full. The day they were to pick up the car, my son drove to the grocery store and was involved in a car accident. The very rude and condescendingly mean person from Santander threatened me saying that they would repossess it and it wouldn't be voluntary because they accused me of hiding it because I didn't know exactly where my son was with the car, being in the accident in a nearby town and delayed from returning home. I was forced to sign off documents although I didn't agree with the terms, and subsequently, my credit reports shows both Triad and Santander debt far exceeding the balance of the loan minus the sale price by three times and double reported. They haven't removed it from my reports and haven't noted it paid in full settled as promised. I have never experienced a more rude approach to collections in my life. Since I also did collections at the company where I worked before, I found them beyond reprehensible and being worn down from all the harassment of phone calls to home and cell, I relinquished my vehicle back to them.

Posted by
Betsy
on
3 or 4 calls every day. I have spoken to them on several occasions about what I can pay because I am being garnished for a large amount of money and it will be lasting a while. They haven't been rude but if I have already talked to them and came up with a solution then why do they have to still call me 3 or 4 times a day? It's not like money falls out of the sky or your job decides to give you your paycheck early. If I talked to them at 9am then what is going to change with my situation if they call me 3 more times that same day? It's harassment. I'm all in for a class action lawsuit! I would also like to add something about their payment process. If you want to make a partial payment online it will not let you. It will give you a minimum amount to pay and it cannot be any less than that. I'm sorry but if I am paying a fee of 10.95 just to make a payment then why are they telling me I HAVE to pay a minimum amount. It shouldn't even matter if I wanted to pay 1.00 on it. If I pay that fee of 10.95 they should take what they can get in partial payments.

Posted by
Betsy
on
3 or 4 calls every day. I have spoken to them on several occasions about what I can pay because I am being garnished for a large amount of money and it will be lasting a while. They haven't been rude but if I have already talked to them and came up with a solution then why do they have to still call me 3 or 4 times a day? It's not like money falls out of the sky or your job decides to give you your paycheck early. If I talked to them at 9am then what is going to change with my situation if they call me 3 more times that same day? It's harassment. I'm all in for a class action lawsuit!

Posted by
RRF
on
Having the same life altering issue's and say we owe more than we purchased for after almost 4 yrs. It's destroying us on top of credit and phone harassment

Posted by
JOHN SMITH
on
FILE A COMPLAINT AGAINST SANTANDER AT


ftccomplaintassistant.gov


SPREAD THE LINK ABOVE SO ACTION CAN BE TAKEN AGAINST THEM

Posted by
MARY JOHNSON
on
I PURCHASED A CAR FOR 21,000 AND WAS FINANCED BY SANTANDER BACK IN 2012.I'VE MADE 48 PAYMENTS FOR 600.00 A MONTH. I HAVE GIVEN THEM OVER 28,000 ALREADY AND THEIR TELLING ME THAT I STILL OWE 22,000????? WTF.....THIS HAS TO BE ILLEGAL

Posted by
Susan
on
Back in 2012 I bought an Avalanche and it was through another bank that this freaking company bought the loan from and I was about 1 year from paying the loan off , but instead of them contacting me they contacted my ex telling him they bought the loan out , when I bought this after I was divorced , so after getting behind 2 months they repoed the vehicle and when I tried to find out where it went because no one gave me papers , the garage had already took it to Auction and Santander wouldn't even talk to me because they didn't believe it was me after talking to my ex's new wife... This company rips everyone off and ruins your credit , I believe someone owes me money but havs been a loss cause since this happened.

Posted by
Vanessa
on
We bought a 2008 Chevy Trailblazer for around $18000.00 in 2010 with payments $475.00 per month, which we could afford. About a year after the purchase my husband lost his job and during that time we began to fall behind. To complicate matters I got very ill during the time my husband was off and had emergency surgery. Due to the nature of the surgery was off for quite some time. I had a few payments moved to the back of the load and received a few reduced payments. After approximately six (6) months’ time they were telling me that I was over $5000.00 behind!?!?!???? I work in the finance industry and with try as I might I could not maneuver the figures enough calculate $5000.00 worth of charges. Even with the few payments I moved, it should not have increased this outlandish amount of money. For the past three (3) years I have made consistent payments of ranging from $600.00 to $750.00 monthly and they are telling me that all the payments are being applied towards the interest. I now owe more than $23,000.00 to pay off the car. My credit has been ruined! I told them to come get the truck and they said they want me to just make my payments. I have been advised that a payment of $4000.00 will bring the account current?!?!?!!!??? I have had this truck for five (5) years and I want to be done with them but I am afraid of how much more it will affect my credit.

I am working on Doctorate and need additional funding to complete my degree. I cannot take out a grad plus loan because Santander is showing me more than 90 days past due. I understand I placed myself into a negative status credit prior to purchasing the vehicle and that is how I ended up having to use them for financing but enough is enough. Our credit is severely marred. This is not only affecting my ability to continue my education but also my ability to get my promotion for my job.

We need help!

Posted by
jeffrey davison
on
I bought a 2009 kia sportage for around $19000.00 in 2010 $475.00 per month which I could afford but the concern I had from the beginning was the payment was set up for the 15th of the month.i had explained to them I was a disabled veteranand I got paid once amonth on the 1st they insisted it could be taken care of . after a few month of using my money I had managed to save I had problems so I asked them the to change the date but they came up with just saying the would send us documents to sign to defer a payment and anyway I don't know if we ever successfully got one done or not but we did get a break on the phone calls for a while. I did get them to change the date once and somehow instead of changing it to the 1st the moved it allthe way back to the 13th 2 days. I have made 69 payments of $475 witch amounts to $32,775.00 and I still owe them $12,400 in principal . I called them and let them know they could come and get the car and it was amazing how they actualy wanted to actually cut my payment in half for six months and get it dated for the1st. how much more interest would that nice gesture give them. my credit is totally screwed by them anyway they shew 30,60,90,days past due and they couldn't even prove to me how the 90 day came about.

Posted by
Brittany K Lawson
on
I Need help to i purchase a 2007 Honda Civic for $8,500 and santander charger me 24 percent on intrest rate ! This car will end up costing me $16,000 in 5 years and itll be 16 Years Old . Isnt there a such thing as a usuary law.

Posted by
Lakibeun cornett
on
I purchase a 2005 ford freestyle which was finance through santander comsumer usa the car was 9,998 but when they got thru vwith intrest the car cause me 22,000 dollars i payed for 3 years none of that money went toward the payment of the car and i still owe another 3 years you can buy a new car for that price and now the say i owe 285.00 in late fees my payments were 286.00 i add the 50.00 a month to cover the engine and transmission but when i ask to take it off so my payments would be lower they told me my payments would be the same how is that i would like to join the action law suit

Posted by
Jahni
on
I financed my Nissan with Santander car cost 13,000 I had it for two years and not one payment went to the note I traded it in and it was upside down a little over 13,000 what a RIPOFF

Posted by
Christopher Wildgoose
on
I received a loan for a 2012 Chevy Cruze from Santander in 2013, in January 2016 I lost my job and informed santander of my situation in which they said if anything like that were to come up they will work with me, they refused to come into any type of agreement and still threatened to reposses my car if i did not make a full payment which I obviously didnt have, The loan for for around $12,000-$13000, I asked them how much have I payed them they said around $8000 but I still owe a balance of $12000 after almost 3 years of payments and they still repossessed my car, after repossessing my car they still harrassed me with phone calls about making payments I couldnt make and I asked them to stop calling me since we cannot come to any type of agreement or understanding with each other being that I didnt have a job a car nor the money to make the payment they were harrasing me for,but I was still willing to pay something to work something out. They still call me with the same story to this day and im tired of going back and forth with them about this issue, they sold the car and charged it off ass bad debt on my credit report but still insist on harrasing me with calls, i would like to join this class action lawsuit

Posted by
TaSha hester
on
Toni calls

Posted by
Jamie
on
I paid off my 2006 jeep liberty in march 2015,i still have not received my title.on my credit report they got me down for a charge off,but i still have the jeep.I WANT TO JOIN THE CLASS ACTION LAWSUIT.

Posted by
Gary LaMarsh
on
In may 2014 I financed a car through a car dealership which stated Santandar was a very good finance co. I been paying $400 monthly after putting $6000 down for a $15000 SUV as of May 2016 I still owe ove4 $14000 on the car more then the original loan was. I get calls constantly from them and fees are added on with no explation given when asked. I took out a deferment on payments for 2 months and they still reported me as late for the 2 months to the credit reporting agencies and refuse to correct it now my car is worth half of what I owe and I'm stuck with it. I'm disabled and feel like I was taken advantage of by the car dealership.

Posted by
jennifer
on
calling 6 to 7 times a day or more..also charging 10 dollars or more to pay by cc said it was a fee

Posted by
Andre and Maranda Bartley
on
We purchased a 2008 HHR through Santander USA back in 2012-13. After 3 months we flipped 4 times in the vehicle because it was a recall vehicle. The vehicle was totaled and our insurance company paid the loan off except for the $2000.00 that the Gap insurance was supposed to pay. Well Santander USA said that our gap insurance was cancelled and we owe $2000.00. We explained that when we said the 3 different contracts to get financing we were told that gap insurance was included. Now we are in debt $2000.00 because our insurance company paid the value of the vehicle and our insurance company said that Santander USA defrauded us and over charged us for the vehicle that we purchased through their company. We began getting harrassing phone calls threating to sue us. The calls were at all times if night and day. They called my job and family members telling them that we had warrants out for our arrest for non payments. I had to change my number because it was so bad. Some please help this company need to be shut down.

Posted by
Janice Cooper
on
I have received calls for several months from this company. The initial call was a message in Spanish (not my language) I determined the message was for Maria. The next call I got I answered & the caller was speaking Spanish, I was able to let him know he had the wrong number. He wanted my number so I let him know if you dialed it surely you know that # you called. I told him just call the last #on his list & if he got a ANGRY WOMAN than he'd know the #! I hung up. Several hours later I got another call no msg. I normally get 3-4 calls daily starting after 8 AM sometimes a msg. I'm so IRRITATED that I continue to get calls from a company I've NEVER used nor heard of. I told him originally that no Maria resided at my # & asked politely to not call but continues to call daily & talking in Spanish & my preferred language is ENGLISH! HELP ME PUT A END TO THIS NONSENSE add my name if we are pursuing a class action suit bc this is BS

Posted by
TINA JOHNSON
on
I had to go though santander for a loan due to credit issues and had the vehicle for 3 years. My fiance lost his job and I asked them if they could work with us on making lower payments until he found a job. They told me if I made a $200.00 payment I would be good for a month. 3 week's later they repossessed the vehicle. I didn't have the money to get my car back from a repossession , and like I was trying to explain to them my fiance was being interviewed for a job and it looked promising but they just wouldn't work with me. I'm very sad that santander would rather loose a customer and repo my car instead of lowering my payment until we got back on our feet. They really put us in a bad position. It's been hard to recover from their lack of professionalism.

Posted by
Hakeem
on
I wondering if anyone have a Santander account and it is reported as charged off and you are still in ownership of the vehicle (loan).

Posted by
Doug
on
It looks like I'm in the same category as most of the previous posters. Fortunately I was able to transfer my loan to my bank with much better rates and overall better practice. When I used them to buy my car, my credit was bad and I had no choice as my old car was wrecked. After paying on my car for almost 5 years, it seemed like I only paid down half of it. I apparently had $4000 left on my auto loan and there didn't seem to be any explanation for this. I missed 2 months of payments due to financial issues, they repossessed my car and I had to pay a total of $600 to get it back. They also kept calling saying I owed payments even when I made the proper payments (and sometimes more) on time! This company of as shady as they come and I would definitely like to be a part of a suit against them. They should not be doing this to people.

Posted by
Sandy
on
I had a car through Drive/ Santander for 6 years, the exact time of length of my loan.I had missed some payments but always made arrangements to get caught up. Once the last month of my payments arrived I called Santander to ask how I would rcv my title since I had paid off loan, only to be told that I still owed over $8000 in late charges and interest that was charged everyday I was late. Now that I've paid over $24,000 and had nothing to show for it as they repo'd my car because I did not agree with having a balance of over $8000. Something needs to be done about these situations and this company, it is obviously not fair to us people that have paid for our cars and then have them taken away being out thousands of dollars. Very sad and frustrating!!!!!

Posted by
Amador D Hinojosa
on
I would like to get on this Classaction as well. My wife and I got a Lil behind because we had to move due to another legal issue but they call us repeatedly and their late fees are extremely excessive.

Posted by
Melodye Courter
on
We have two cars from them. Currently been paying one on car for 48 months. Only paid 14000 for the car... My payoff is over 18000. They repoed my other car saying i was behind... Paid them hella money to get itback. Get a call stating that I am 90 days behind again... When I call them they are saying I have to talk to their Bankruptcy department. I am not in bankruptcy.

Posted by
Johniemae henry
on
I would love to join they repoed 2 of my cars after I made the payment and auctioned them off without my knowing it gave me the run around so I could not locate my cars

Posted by
Antiya
on
I would like too join as well.

Posted by
Sheila Scott-Wallace
on
I would like to join the class action law suit.

Posted by
Silvia
on
I am also trying to get legal help to help me with my Santander account. It is certainly a class action

Posted by
William
on
We have received TONS of ROBO CALLS from Santander Consumer USA. For several months we would get automated calls on both my cell phone as well as my fiance's. Sometimes 3-4 times PER DAY. They were automated, and you would hear a click and then nothing. They claim there were "ISSUES" with their phone systems. WHAT A BUNCH OF BS. I read we are entitled to $500 PER CALL. When we fell behind on the auto loan, we got as many as 10 calls PER WEEK maybe more, since they were harassing both myself (loan holder) and my fiance.

Posted by
Karen Rose
on
I would like to know if I can still join the lawsuit against Santander. I had an Auto Loan with them.

Posted by
Wanda
on
I'm trying to see if it to late to join the class action lawsuit against Santander Consumer USA .If not can someone please contact me.

Posted by
Kansas
on
I am inquiring about the class-action lawsuit that was filed against Santander in 2013. I'm wondering if the case has been settled and if I might be eligible to participate. I'm also wondering if I have any legal recourse against them for not accurately explaining the additional interest charged to my loan following a payment deferment which has come to $4,600.

Add Your Comment on This Issue

Fields marked * are mandatory. Please read our comment guidelines before posting.

*Name:

Note: Your name will be published with your comment.

*Email Address:

Your email will only be used if a response is needed.

*Your Comment:
Request Legal Help