Credit reporting or other personal consumer reports -- Improper use of your report -- Complaint #11760017
Complaint Overview
Complaint ID: 11760017
Company: Santander Holdings USA, INC.
Product: Credit reporting or other personal consumer reports
Sub-Product: Credit reporting
Issue: Improper use of your report
Sub-Issue: Reporting company used your report improperly
State: Louisiana
ZIP Code: XXXXX
Date Received: 2025-01-25T12:00:00-05:00
Date Sent to Company: 2025-01-28T12:00:00-05:00
Company Response: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Submitted Via: Web
Consumer Narrative
I am filing this formal complaint against Santander Consumer USA XXXX XXXX, a financial institution engaged in auto financing, for unfair, deceptive, and abusive acts and practices ( UDAAPs ) in violation of federal consumer protection laws. These violations have caused financial harm and distress, and I request that the Consumer Financial Protection Bureau ( CFPB ) investigate and take corrective action. 1. Violation of Fair Debt Collection Practices Act ( FDCPA ) Santander falsely reported an account to XXXX on XX/XX/XXXX, despite previously stating in writing that the account would no longer be reported to credit bureaus. This constitutes false or misleading representations under 15 U.S.C. 1692e and an unfair debt collection practice under 15 U.S.C. 1692f. 2. Violation of the Truth in Lending Act ( TILA ) Santander failed to provide a clear and accurate disclosure of finance terms, security interests, and consumer rights related to my auto loan, violating 15 U.S.C. 1601 et seq. I received correspondence on XX/XX/XXXX, referencing TILA disclosures but without a complete breakdown of financial obligations. 3. Failure to Provide IRS-Required 1099-C Form Santander charged off my account in XX/XX/XXXX but did not provide the required 1099-C Cancellation of Debt, violating IRS regulations and consumer reporting standards . 4. Violation of the Gramm-Leach-Bliley Act ( GLBA ) Unauthorized Disclosure of Personal Data Santander has sold or disclosed my personal financial information without my written or oral consent, violating 15 U.S.C. 6801-6809. 5. Non-Compliance with UCC 9-210 ( Request for Accounting ) I submitted a demand under UCC 9-210 for a full accounting of my loan records and security interests, but Santander has failed to comply. Their refusal to provide a transparent and accurate statement of my account raises serious concerns about fraudulent financial practices. 6. Unfair, Deceptive, and Abusive Acts and Practices ( UDAAP ) Santander has engaged in misrepresentation, failure to disclose material terms, and wrongful debt collection practices, which are prohibited under the Consumer Financial Protection Act ( 12 U.S.C. 5531 et seq. ). The company falsely represented that they would cease credit reporting, yet they resumed reporting to XXXX despite their written assurance to the contrary. These practices have caused undue financial distress and damage to my creditworthiness, violating CFPB regulations on fair lending and consumer financial protections. Relief Requested I respectfully request the CFPB to investigate Santander Consumer USA , Inc. and take the following corrective actions : Order Santander to cease unlawful credit reporting and correct inaccuracies with XXXX and other credit bureaus. Compel Santander to issue a full accounting of my loan in compliance with UCC 9-210 and applicable consumer laws. Require Santander to issue a 1099-C Cancellation of Debt as mandated under IRS regulations XXXX Assess penalties and sanctions against Santander for engaging in unfair, deceptive, and abusive practices under federal law. Mandate Santander to provide consumer privacy protections and cease the unauthorized sale or disclosure of consumer financial data. I am submitting this complaint because Santanders actions have resulted in financial harm, emotional distress, and damage to my credit. I urge the CFPB to investigate these violations and hold Santander accountable. I appreciate your time and attention to this matter. Please inform me of any updates regarding the status of this complaint. I am prepared to provide supporting documentation upon request. Subject : **Demand for Full Accounting and Audit of Account # XXXX To Whom It May Concern, I am formally requesting a full and detailed account audit and validation for my account ( ending in XXXX ) under : UCC 9-210 ( Request for Accounting in Secured Transactions ) Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692g ( Validation of Debt ) Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681g ( Right to Access Consumer Information ) As the alleged debtor, I am entitled to a complete and transparent accounting of all transactions, interest charges, fees, and payments associated with my account. I request the following : Original Loan Agreement A certified copy of my original signed contract with full disclosures. Complete Payment History All credits, debits, interest charges, late fees, and payments applied to my account. Proof of Debt Ownership Evidence showing that Santander Consumer USA is the rightful owner of the debt and has legal standing to collect. Security Interest Disclosure Documentation of any collateral interest tied to this account. Accounting of Charge-Off & 1099-C Issuance If this account was charged off, provide documentation and confirm whether a 1099-C Cancellation of Debt was issued per IRS regulations. Pursuant to UCC 9-210, you are required to respond within 14 business days of receipt of this request. Failure to provide this information will be taken as an admission of accounting fraud, unlawful debt collection, and reporting violations, subject to further legal action and regulatory complaints.
Frequently Asked Questions
What is Complaint #11760017 about?
Complaint #11760017 was filed against Santander Holdings USA, INC. regarding Credit reporting or other personal consumer reports specifically about Improper use of your report. It was received by the CFPB on 2025-01-25T12:00:00-05:00.
How did Santander Holdings USA, INC. respond to this complaint?
The company responded with: "Closed with non-monetary relief". The response was timely.
What is the risk level of this complaint?
See the risk assessment section for details on this complaint's risk profile.
How do I file a similar complaint?
You can file a complaint with the CFPB at consumerfinance.gov/complaint. Select the appropriate product category (Credit reporting or other personal consumer reports) and describe your issue in detail.
Can I see other complaints against Santander Holdings USA, INC.?
Yes, visit the Santander Holdings USA, INC. company profile at readthecomplaint.com/company/santander-holdings-usa-inc to see all complaints, risk scores, and analysis.
Disclaimer
This analysis is AI-generated based on publicly available CFPB complaint data. It does not constitute financial or legal advice.