What Do You Associate With Santander?

by John Watts on November 17, 2011

I hope this email finds you doing well this Thursday morning! Hard to believe Thanksgiving is just a week away.

And then it will be December.


We associate certain things with times of the year. Thanksgiving is a day of eating and being with family. Christmas is a time when even strangers are polite to each other, there are presents and decorations, etc.

We associate certain feelings companies. Some of us remember the old Whirlpool commercials — we think of reliability. We think of luxury when we see a Mercedes or BMW, etc.

The same is true of auto loan collection companies. Some have a good reputation.

Some don’t.

One that does not have a good reputation, in my opinion, is Santander. Santander has thousands of loans from Drive Financial, from HSBC, from the Citi auto loan company, and others.

Stan Herring and I have sued Santander a number of times. Here are some examples:

**We alleged Santander failed to properly credit report even after the consumer disputed the error with the credit reporting agencies under the Fair Credit Reporting Act.

**We alleged Santander was repeatedly and Illegally calling a consumer on a cell phone with auto dialers (and pre-recorded messages) after the consumer told Santander to stop calling the cell phone. We alleged this violated the Telephone Consumer Protection Act (TCPA).

**We alleged Santander and a repo company called City Wide have been Illegally collecting a debt this is not owed and threatening a consumer with arrest and other threats over a car our consumer does not even own or owe on. As we allege Santander and the repo company were “debt collectors” we brought this case under the Fair Debt Collection Practices Act.

We think these three examples represent common situations with Santander.

We are also investigating instances where consumers claim they pay every month but Santander says the consumers owe more now than when Santander took over the loan.

We are also looking into reports that Santander frequently calls co workers, family members, and friends to put pressure on the consumer to contact Santander.

In our experience, Santander displays arrogance.

Arrogance in how it deals with its customers and arrogance in how it deals with lawyers representing consumers.

So, if you are dealing with Santander, protect yourself. Carefully document all of your dealings with it. Document phone calls. Document payments. Check your credit reports.

If you are having your cell phone blown up with computer calls, consider telling Santander it no longer has permission to call your cell phone if you want the calls to stop. The best practice is to do this in writing but if you have done it by phone then make sure Santander acknowledges that you have revoked your permission.

[Do keep in mind that there are different views on how to revoke permission and whether you should revoke permission, so get with a consumer lawyer in your state if you are considering this.]

In fairness to Santander, I’m sure it denies everything we have said here. It denies doing anything wrong whenever we sue it.

If you have any Santander stories to share and if you would consider being a witness in any case we have that is similar to your situation — to show the jury this is how Santander treats many people — then please feel free to respond to this email and let us know your story.

I hope you have a wonderful rest of the week and enjoy this last half of November 2011….

John Watts


Some Resources Related To The TCPA and Auto Finance Collection Companies (and in the first video I think at some point I open my eyes.  I hope….)

An example of one of our lawsuits against Santander

How To Use The TCPA To Stop Abuse By Auto Finance Collection Companies

Alabama Consumers Facing Difficulties With Santander


Using TCPA To Stop Car Companies From Harassing You On Your Cell Phone

TCPA — Illegal Calls To Your Cell Phone May Entitle You To $500 or $1,500


Debt Collection — Example Of Illegal Voicemails Under The FDCPA and the TCPA



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