CIVIL ACTION NO. at *5. at 7, 29). Defendants have equal access to federal court if we have jurisdiction. 1974) ([T]he MVSFA was enacted in 1947, among other reasons, to curb the abuses associated with private repossessions. The Servicemembers Civil Relief Act is designed to ease the financial burdens associated with active duty military service. (Id. An out-of-circuit case is arguably more similar to this case. (Id. (Def. Sometimes, the repo company enlists the local police department to stand by during the repossession. Id. (Id.). My vehicle was picked up for non payment after I pd almost 17k in one lump sum. Arbitration isnt the end of the worldbut its extremely complicated, and your chances of winning are much higher with a lawyer. Restitution will be paid to over 265,000 consumers. Kevin Kneupper (CA Bar No. In other words, a plaintiff in such a case need not allege any additional harm beyond the one Congress has identified. Id. at 113. The Court elaborated on bare procedural violations in Summers v. Earth Island Institute, 555 U.S. 488 (2009). Before this Court is Plaintiffs' Motion to Remand. Writing about the line that divides procedural violations that confer standing from those that do not, the Third Circuit wrote: We-like several of our sister circuits-understand Spokeo to instruct that an alleged procedural violation manifests concrete injury if the violation actually harms or presents a material risk of harm to the underlying concrete interest. Kamal v. J. The departments investigation uncovered nine additional servicemembers whose SCRA rights it alleges Santander violated. Plaintiffs exclusively brought these claims under state law. Santander is a nationwide bank that purchases retail installment sales contracts through vehicle dealerships. Repo payment made on Wednesday 8/3 (PA gives 15 days) ?date - went to repo agent to get vehicle. Here are some kinds of behavior that state and federal laws forbid: Laws vary in different states, but the TCPAwhich forbids robo-calls about debt to cell phonesis a federal law that applies in all fifty states. Pa. Feb. 10, 2021). This definitely isn't the experience we want for any of our customers and we'll be more than happy to have someone look into this for you. The fee was 338.70. Trying to collect old debts for which the statute of limitations has expired. The fact that the Kellys' allegations are not as clear-cut as in Langer does not mean that this case must be remanded for lack of standing. 28, 2018). (Id. The Santander auto settlement covers 33 states and the District of Columbia. (Id. For example, a customer without a lawyer tried to sue them in federal court in Augusta, Georgia in March 2021and was forced to arbitrate. 's Mot. at 14-15). Kneupper & Covey is a repeat player, and weve got dozens of arbitrations at any given time. (Opp'n at 2). The civil rights of servicemembers who sacrifice so much for our country must be respected, said Assistant Attorney General Kristen Clarke of the Justice Departments Civil Rights Division. (Id. However, Santander makes loans in other states as well. In another lawsuit in Atlanta, Georgia, a plaintiff sued in court and alleged that Santander made misrepresentations regarding financing and the lien holder Santander Consumer USA moved to compel arbitration and won. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. What kinds of lawsuits might I have against Santander Consumer USA? I quickly called santander and they informed me that on the last payment I made I left off the 70 cents that needed to be included on the payment. In 2014, it was repealed and recodified in Chapter 62 of Title 12 of the Pennsylvania Consolidated Statutes. This amount of money will be split between the states and the DC. (Id. This will help you avoid the loss of your home. Pa. Feb. 26, 2019) (A plaintiff need only allege some specific identifiable trifle of injury. (See Compl. Quoting the trial court's language, it held that any threat from such a non-compliant receipt called for a highly speculative chain of future events' to have occurred, and that there was therefore no material risk of harm. Id. (Pl. Feb. 25, 2015. 2019) (internal quotation marks, brackets, and ellipses omitted) (citing Strubel v. Comenity Bank, 842 F.3d 181, 190 (2d Cir. Sending debt collection letters that are confusing. Santander located and repossessed it on 7/18. Defendant contends that Plaintiffs' deliberate failure to plead a concrete injury does not negate the factual allegations in Complaint that support an injury-in-fact. Jan. 22, 2018). Original loan was for $12, 000. 12, 56). The bank has recently been under scrutiny by the Federal Reserve for its lending practices and has settled claims in some states. This will surely increase the credibility of your complaint. We can help figure out if you have a valid legal claim, and if so, where to file it. Captain McDowell entered into a three-year lease in October 2017 for a Jeep Grand Cherokee, but he learned in May 2019 that he was going to be deployed to Afghanistan. (Id.). The states Rees-Levering Act requires that a company who repossesses a vehicle for nonpayment of a loan provide a Statutory Notice. Defendant removed that case to our district under the Class Action Fairness Act (CAFA).(Id.) The settlement resolves allegations that Santander violated consumer protection laws by exposing subpri Id. (Id.) Id. Making over the payment amount them putting 1000,00 of my pymt straight to intrest .. NOw that its been repoed they will not give me the oppurnity to pay the amount I am behind they want full pay off and added almost 2000.00 to my actual pay off its not right. As long as the police merely stand by to keep the peace, it's probably not illegal. Dallas-based auto lender Santander Consumer USA Inc. agreed to settle a lawsuit brought by the U.S. Department of Justice alleging that it violated U.S. military . Turning to opera for a finale, in Wagner's RING, Wotan's legendary spear never actually hurt anyone, but its threats carried, and then dissolved, his empire. In 2015, in fact, the company was forced to pay $9.35 million in a Justice Department lawsuit against it for violating the Servicemembers Civil Relief Act (SCRA) by illegally repossessing more than 1,100 cars of active duty service members. Your email address will not be published. This field is for validation purposes and should be left unchanged. On the other hand, when detailed, personal identifiable information is collected, tracked, and/or released in violation of a statute, the Third Circuit has found standing for this kind of nontangible injury. Like those debtors, the Kellys received misleading communications concerning the enforceability of a debt, which create[d] a substantial risk that such [material] harms will occur. 2018 WL 1521892, at *4. at 2). 325413, TX Bar No. Santander Bank has reached a $550 million dollar settlement with 33 states to settle predatory loan charges to low-income and subprime customers. Rejecting the argument that an injury-in-fact must be tangible in order to be concrete, the Court held that the violation of a procedural right granted by statute can be sufficient in some circumstances to constitute injury in fact. The above class action covers only consumers in California. It also states they must follow a model to decide if they can agree to payments with you. Mot. I am flabbergasted! (Id. Co. v. Knowles, 568 U.S. 588, 592 (2013) (internal quotation marks omitted). at 13, 59), And finally, Plaintiffs assert that the Notices of Repossession failed to disclose a Personal Property Fee also required to redeem the vehicle and/or recover any belongings left inside. Pa. May 20, 2003) (Schiller, J.) A coalition of 34 attorneys general led by Illinois Attorney General Kwame Raoul, announced on May 19, 2020, a settlement with Santander Consumer USA Inc. (Santander) that includes approximately $550 million in relief for consumers with even more relief in additional deficiency waivers expected. (Tr. Defendant again removed the case to this district, and Plaintiffs now move to remand the case to state court. They elaborate that they have not engaged in the jurisdictional gamesmanship CAFA protects against, as Defendants contend. They didn't do this. Make your practice more effective and efficient with Casetexts legal research suite. The MVSFA was originally found in Chapter 7 of Title 69 of Purdon's Statutes. (Compl. (Id. (Id. . Litig., 827 F.3d 262, 269, 274 (3d Cir. at 2, 1). Anyhow when I woke up on 8/17/2022 my car was gone. Id. 36. Santander Consumer USA Holdings Inc. (NYSE: SC) ("SC"), today issued the following statement regarding its voluntary settlement with 33 states and the District of Columbia, which alleged that auto loans that SC funded through certain automobile dealers dating back to 2010 violated consumer protection laws because of the high risk that certain borrowers would default: SC's voluntary agreement . Jacksonville, Forth Worth, TX. I asked to speak with a manager or anyone up above to help me out since I'm in . Santander argues that this jurisdictional gamesmanship is exactly what CAFA was designed to prevent. at 3). Should You Join a Chinese Drywall Lawsuit? Complaint, 61. in a consumergoods transaction results in liability, regardless of any injury that may have resulted.. Were the repossession and its aftermath handled in accordance with your states laws? at 8). They request minimum statutory damages only, and their Complaint notes they do not make allegations of actual or concrete injury and they deliberately fail[ed] to plead facts sufficient to meet the requirements of Article III standing. Federal lawspecifically the Fair Credit Reporting Actgives consumers rights when their credit is tarnished with an inaccurate representation. LEXIS 47905 (S.D. I begged them to reconsider since I had been keeping intouch and doing the best I could to get caught up..The reason i was in this mess was because of my three surgeries. Please contact me. Ga. Mar. The removal statutes are to be strictly construed against removal and all doubts should be resolved in favor of remand. Boyer, 913 F.2d at 111 (quoting Steel Valley Auth. The settlement is the result of a multi-year investigation that exposed the bank to complaints about predatory lending and placing subprime borrowers into high-risk auto loans. The Santander Consumer the USA class-action lawsuit aims to recover investor losses. ( Id.) 12:10-13:18, ECF 18). Years in Business: 37. Business Started: 9/1/1985. Original review: Feb. 23, 2023. How is it that this company has and continues to violate so many laws which harms its consumers is still in business ? (WEHT) - Thousands of Tri-Staters will soon receive a check after a multi-million dollar settlement. Legal Found. Office locations can be found at http://legalassistance.law.af.mil/. AG's Office Recovers $5.56 Million From Subprime Auto Lender, Secures Debt Relief for Consumers Settlement Resolves Allegations That Santander Consumer USA Failed to Provide Post-Repossession Information to Consumers; Includes Debt Relief and Credit Repair for Eligible Borrowers For immediate release: 2/18/2022 35. (5/28/2020) Unbeknownst to me was this class action lawsuit. A bare procedural violation, divorced from concrete harm, is insufficient. at 13-15, 59, 62, 69). at 4). at 1544. Box 961245 Fort Worth, TX 76161-1245 Payment Address Santander Consumer USA Inc. P.O. (Id. Here are some examples of things you might have experienced. If youre having problems with Santander Consumer USA, our firm can help. In remanding the case to the Ninth Circuit for further analysis, the Court discussed the principles of standing in the statutory violation context. Please DO NOT add attachments that contain your or other peoples personal information, if you dont want it to be visible to the public. Civil Rights - Housing and Civil Enforcement Section. A group of 34 state attorneys general has reached a settlement with Santander Consumer USA over allegedly shady subprime auto loan practices, which could provide consumers with $550 million in. at 13). Ga. Mar. Although, one of your reps. did actually state that the first two attempts were sent to a wrong address so I have repeatedly asked for COPIES OF THOSE ORIGINAL LETTERS be sent to me or even emailed to me. The settlement with Santander will resolve allegations that the bank violated consumer protection laws by putting subprime borrowers into loans that carried a high probability of default. bidding on it at the repossession sale Some states have laws that let you "reinstate" your loan by paying the past-due amount plus your lender's repossession expenses. It did not provide notice that the 15-day period during which the consumer could reinstate the loan could be extended for ten additional days upon written request. That complaint alleged that Defendant, Santander, violated the Uniform Commercial Code (UCC) and the Pennsylvania Motor Vehicle Sales Finance Act (MVSFA) by failing to comply with requirements for repossession notices. Thorne, 980 F.3d at 886. 9652(c)(2) allows consumer-debtors to recover statutory damages equal to the credit service charge (finance charge) plus 10% of the principal amount of the obligation (amount financed). The Court does not find Plaintiffs' argument persuasive. These allegations demonstrate that Plaintiffs faced at least a material risk of harm from the deficient Notices sent by Santander. Who is responsible for holding them accountable to these court stipulations ? 1441(a), a defendant may remove a civil action filed in a state court if the federal court would have had original jurisdiction over the action. 's Opp'n to Pls.' 1987)). If you are having trouble paying your bills, contact the Federal Trade Commission (FTC) today. Understanding The Probate Process: A Guide. Plaintiffs, Hugh and Christine Kelly (the Kellys), bring this action against Santander Consumer USA (Santander). Share sensitive information only on official, secure websites. 4:20cv289 (S.D. Adding extra fees and charges to the amount you owe. The Court rejected their argument, holding that the deprivation of a procedural right without some concrete interest that is affected by the deprivation-a procedural right in vacuo-is insufficient to create Article III standing. Id. Additionally, the plaintiffs sought to restrain and enjoin any collection of loan balances, and requested the greater of actual or statutory damages. TALLAHASSEE, Fla.Attorney General Ashley Moody, along with a coalition of 34 attorneys general, today secured an agreement with Santander Consumer USA Inc. that includes approximately $550 million in relief nationally for auto loan borrowers, with even more relief expected in the form of additional deficiency waivers. Santander seems to have a particular problem with its consumer auto loans, including debt collection, repossession, and credit reporting. You must take action immediately if you are facing repossession. You just need to prove that your loan was canceled and repossessed because of your non-payment. The amount of restitution will depend on the circumstances of your case. [D]efendants bear the burden of establishing removal jurisdiction and compliance with all pertinent procedural requirements. Winnick v. Pratt, No. Indiana Consumer Law Group/The Law Office of Robert E. Duff announces the recent filing of a lawsuit against several defendants, including Santander Consumer USA Inc., over a repossession that allegedly did not comply with Indiana law. If there is incorrect information, or the repossession is not yours, it's best . Id. See Indus. The Complaint includes allegations that Santander permitted wrongful assessment of fees such that plaintiffs could not redeem their vehicle or get their personal belongings back. My Name is Austin Roys my car was repoed on 9/13/2022 and i asked to be given a chance to pay my past due balance in full and to receive my car back . It was not until February 2020, after the United States had opened its investigation and six months after Captain McDowell returned his vehicle to the dealership, that Santander finally approved the lease termination, voided early termination charges, and refunded the lease amounts that had been paid in advance. Likewise, the Kellys' allegations go beyond those in Littlejohn. (Id. (Id. Because Santander collected an allegedly unlawful fee from Plaintiffs that was purportedly neither permitted by law nor authorized by contract, the court deemed plaintiffs to have suffered a concrete harm. Id. So wheres that money going. at 3-6). The Court will thus chart a path through a thicket of case law. I am on unemployment ( due to Covid) and was never asked any questions of my income. I had a 2007 Jeep Commander that was purchased in Feb. 2015 and was repossessed due to the vehicle being sold with major electrical issue and flooding due to a windshield being improperly mounted. One Auto Fin., No. Business Started Locally: 3/16/2006. In a 2015 conference call with stock analysts, Credit Acceptance's chief treasury officer, Doug Busk, said the company typically repossessed cars in 35 percent of the loans in its most popular . 2016) (holding that the collection and tracking of information such as usernames, genders, birthdays, IP addresses, browser settings, and similar data is a de facto injury, i.e., the unlawful disclosure of legally protected information); see also Horizon, 846 F.3d at 641 (improper disclosure of personal data in violation of FCRA is cognizable injury for Article III standing); St. Pierre v. Retrieval-Masters Creditors Bureau, 898 F.3d 351, 357-58 (3d Cir. An action must be remanded to state court if at any time before final judgment it appears that the court lacks subject-matter jurisdiction. Plaintiffs filed a notice of voluntary dismissal, and one day later, filed another class action complaint in the Court of Common Pleas, again alleging violations of the UCC and the MVSFA.(Id. Turning to Spokeo's framework for intangible injuries, the Court did not deem Kamal's alleged injuries amounted to a concrete harm. Please give us a call at [protected]. The due date must be on the notice. The statute displays a noticeable concern for protecting a broad range of consumer interests, including, but not limited to, private repossessions.) (footnotes omitted); Coy v. Ford Motor Co., 618 A.2d 1024 (Pa. Super. Defendant argues that Plaintiffs have not pled an attenuated risk of future harm or bare violation of statute divorced from actual injury, and that the millions of dollars Plaintiffs seek is actual and concrete redress. The settlement requires Santander to pay $65 million in restitution to consumers. Indiana Attorney General Todd Rokita says more than 5,000 state . Fire Ins. The damages sought are not based on any alleged injury; they are based on a statutory formula. 15, 2021). at 13, 59). Another example that could be an issue is breach of the peace, i.e. I have made over $11000 in payments, and they are telling me that I currently owe over $17000 on my loan. Although, as Plaintiffs point out, this case is different than the other MVSFA removal case in our District, Langer, the difference is not material. My car was repoed because santander said that I did not make a full payment. Id. See, e.g., In re Nickelodeon Consumer Priv. Pennsylvania courts apply the notice provisions of both statutes in cases of repossession. and all containing the same basic information. After CT superior court ruling, (5/19/2020) Santander reached out to me to settle my debt with them. Id. They just repossessed my car now and said I must pay 16, 100$ plus fees to get it back. According to the complaint, all four named plaintiffs took out loans with Santander to finance car purchases and . An arbitration is like a mini-lawsuit. at 3-4, 12-13). The Third Circuit has applied the Supreme Court's guidance on several occasions. (Id. For more than 15 years we have helped nearly 50000 customers resolve their issues and will never stop striving to ensure further improvements on our platform for a better communication between companies and customers. (Id. Whether their car will be seized and sold at auction should not be an additional worry., BankRank.org give Santander a grade of B for debt collection, but states that even after adjusting for bank size and number of customers, Santander Consumer USA receives more complaints per customer than 98% of other banks. Santander Consumer USA Ohio Repossession Letter CAL How To File a Claim at 8-9, 34-39). MEMORANDUM RE: PLAINTIFFS' MOTION TO REMAND. Bromwell v. Mich. Mut. The bank was accused by a class action lawsuit of violating different consumer protection statutes after instituting unfair car loans to low-income borrowers. fees" to me post charge off and when asked the have to answer as to what the fees are. Hey Tkame! See Pub. . It did not provide all conditions that had to be met in order to reinstate the loan. You can receive the money by filing a Santander repossession lawsuit. Santander Consumer USA Inc. has agreed to pay at least $9.35 million to resolve a lawsuit by the Department of Justice alleging that the motor vehicle lender violated the Servicemembers Civil Relief Act (SCRA), the Justice Department announced today. No one received it . I called on 7/19 to ask about retrieving his personal property in the car and was asked if I wanted to redeem the vehicle. They have reported different balances owed to different credit bureaus, charged multiple "misc. Defendant removed that case to our district under the Class Action Fairness Act (CAFA). | WordPress Theme by, Santander Repossession Lawsuit Settlement. Slip and Fall Settlements in Texas: How to Figure Out How Much Youre Worth. (Id. The month before this i just had to replace the alternator which cost me 800. For example, a customer without a lawyer tried to sue them in federal court in Augusta, Georgia in March 2021and was forced to arbitrate. The court elaborated that [t]he actual collection of a fee in violation of [the Fair Debt Collection Practices Act] demonstrates concrete harm and is not merely a procedural violation. Id. Plaintiffs in Langer sought as compensation the greater of actual or statutory damages. then person I spoke with was very rude and 79706 was there ID number . I feel you are unjust and now have ruined my credit your workers are rude and complete liars . Recently, consumers have complained that Santander has been violating laws pertaining to repossessing vehicles, denying consumers the right to reinstate or redeem their contracts after repossession, illegally trying to collect account deficiencies, and reporting deficiency balances to credit reporting agencies. This field is for validation purposes and should be left unchanged. Under the terms of the settlement, the lender must pay consumers $65 million in restitution, which includes the deficiency balances from over 265,000 consumers. If the company is negligent or disregards laws governing repossessions, then its possible that it engages in similar behavior in other states. To qualify for restitution, consumers must have had a loan with Santander between 2010 and 2019. Id. It will also waive at least $433 million in deficiency balances, or the debt consumers still owe after their cars had been repossessed. Ridiculous rates. Santander is committing fraud, it appears that they never had any intention of accepting the settlement offer and ony made an offer as a distraction. You can get your car back if you have been delinquent on your mortgage. There, the plaintiffs filed a putative class action in the Court of Common Pleas against Capital One for violating notice provisions in the Pennsylvania Commercial Code (PCC) and MVSFA in relation to the repossession of their vehicle. Santander settled a lawsuit with the state of Massachusetts over subprime auto loans for $5.56 million. a payment may not stop a repossession. My name is Peter so no I want to file for the class action lawsuit number three 86 21550 51 the account number with Santander is 713 6541 it is for a Hyundai Santa Fe that I started in 2016 vehicle 2017 Santa Fe white please give me a call let me know how I can handle or what I can do to protect my privileges by law. Santander will pay $65 million to the 34 participating states for restitution for certain subprime consumers who defaulted on loans between Jan. 1, 2010 and Dec. 31, 2019. at 15). They emphasize that they had the right to voluntarily dismiss their prior Complaint and refile anew in the Court of Common Pleas. They argue that Santander sampled 1, 000 accounts-which may have included some subject to mandatory arbitration-but did not focus on data from the putative class. These reasonable reactions are actionable. I am left with not option than try to resolve this issue by other means. In the meantime, thanks to your companies failure to uphold its legal obligations and adhere to the recent consent order filed against you by the CFPB, I am unabe to rent a home for my son and myself. 2015) (quoting Havens Realty Corp. v. Coleman, 455 U.S. 363, 373 (1982)) (holding that plaintiffs had standing to sue internet advertisers for violations of the Wiretap Act, Stored Communications Act, and Computer Fraud and Abuse Act). at 13, 69). Pa. Jan. 23, 2019) (Bartle, J.). Still I have received nothing. The SCRA permits servicemembers to terminate their motor vehicle leases early without penalty after entering military service or receiving qualifying military orders for a permanent change of station or to deploy to another location. My vehicle was repossessed and sold without any of the legally required documentation being sent to me post repossession by the repo agency nor by Santander. at 21). (Id. 3:16-cv-00744-AC, 2018 WL 1521892, *4 (D. Ore. Mar. Specifically, the repo agent is alleged to have breached the peace in repossessing the plaintiff's vehicle. Defendant assigns malignant intent to the fact that Plaintiffs voluntarily dismissed the federal suit and filed almost the same complaint in the Court of Common Pleas, but tried to remove allegations that would support federal jurisdiction. Theyve had legal issues before, and most notably Santander settled a $550 million multistate investigation by various state attorney generals into their subprime lending practices, including the attorneys general of California and Georgia. The company settled lawsuits for the same issue with 33 States and the District of Columbia. I hope you have to close because your difently not a company with any core value or care about your custmers . The bank failed to properly monitor dealer behavior and failed to factor in a consumer's ability to pay. Santander Consumer Usa is legally based in Delaware and receives mail at this address : Santander Consumer USA, Inc. C T Corporation System 208 SO Lasalle ST, Suite 814 Chicago, IL 60604 If you would like examples of demand letters or more information about how to write them, you can find an excellent guide here. Specifically, Plaintiffs explain that they crafted their Complaint in order to avoid alleging a particularized or concrete injury-in-fact. I am told they can't email me a copy for whatever reason but they guarantee they have been sent. at 1082; see also Gibbs v. Titelman, 502 F.2d 1107, 1111-12 (3d Cir. at 11-12). (Id.). Co. v. Red Cab Co., 303 U.S. 283, 294 (1938)). A new lawsuit has targeted subprime auto lender Santander Consumer USA, accusing the company of "incessantly calling consumers" and charging them improper fees should they fall behind on their loans. The lender is set to pay consumers $65 million in restitution. In addition, many states will waive the fees associated with filing a foreclosure claim. The notice will state the amount you owe to reinstate your contract and the due date. A new Santander class-action lawsuit claims that the company's deceptive practices put consumers at risk, and exposed them to unnecessary risk. A repossession of your car can have a drastic effect not only on your credit score, but on your ability to get future auto loans.If you are offered a car loan, you might find that a repo on your credit report will either mean you are paying far more than the car is worth, or will have astronomical interest rates. One class action has already been filed in California. Their Complaint alleged that the PA Department of Transportation would not have transferred title of vehicles to Capital One had the Department been aware of failure to comply with PA law. This settlement holds Santander accountable and provides thousands of Arizona consumers with much-needed financial relief." . Santander seems to have a particular problem with its consumer auto loans, including debt collection, repossession, and credit reporting. As the plaintiffs in Lindblom, Plaintiffs allege that they were charged a fee that was impermissible altogether under the [statute]. 2018 WL 500347, at *5. Fill out this form for a FREE and prompt case evaluation. at 1549 (internal quotation marks omitted); see also Susinno v. Work Out World Inc., 862 F.3d 346 (3d Cir. This is why you should file a lawsuit. In addition, you can receive a free car title if you are unable to pay back the rest of your loan. Stat. Full title:HUGH KELLY and CHRISTINE KELLY, individually and on behalf of all, Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Id. Santander Consumer USA might finally have put its legacy lawsuits to bed.. On July 21, Santander settled a 4-year-old case with Mississippi Attorney General Lynn Fitch, who alleged that the subprime lender had violated the Mississippi Consumer Protection Act by exposing the state's consumers to high levels of risk, placing them in auto loans with high probabilities of default and engaging in . Vehicle was already sent to auction (after I had already made the payment to Santander) Contacted auction (1.5 hours away from where I live) and was told I could get the vehicle . 1997). Second, Plaintiffs claim that the Notices of Repossession failed to disclose a Redemption Fee that a borrower must pay in order to redeem the vehicle.