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This settlement is closed!
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Santander Consumer USA will pay $1.9 million to resolve claims the company’s notice letters sent to some Ohio customers after their vehicle was repossessed violated state law.
The settlement will benefit Ohio residents who meet the following criteria:
- purchased a vehicle
- entered into a retail installment sales contract (RISC) where the RISC was assigned to Santander Consumer USA, as part of the purchase transaction
- where, between Jan. 1, 2013, to the date the Court certifies and grants final approval to the Class for settlement purposes only, Santander repossessed the vehicle and then sent a “Notice of Our Plan to Sell Property” letter
- where that letter had a vehicle sale date including the phrase “on or after”
Anyone who received a deficiency balance waiver in connection with any action initiated by any state’s attorney general against Santander related to the person’s RISC or loan account in or around May 2020 is not a Class Member in this settlement unless they also made a payment toward the deficiency notice following repossession.
Those who are unsure whether they qualify as a Class Member should contact the settlement administrator.
The class action lawsuit had alleged Santander Consumer USA violated the Ohio Uniform Commercial Code, the Ohio Consumer Sales Practices Act, and the Ohio Retail Installment Sales Act.
According to the plaintiff, Santander’s “Notice of Intent to Sell Property” letter sent to Ohio consumers after their vehicle was repossessed violated these laws by including a vehicle sale date that included the phrase “on or after.”
While Santander Consumer USA denies any law violations, it has agreed to the settlement in order to avoid continuing litigation.
As part of the settlement agreement, Santander Consumer USA will eliminate each Class member’s deficiency balance — the amount the company claims it is still owed after the vehicle’s repossession and sale. More than $333 million in deficiency balances will be eliminated.
Santander Consumer USA also will ask credit reporting agencies to delete the tradelines for these accounts from Class Members’ credit reports.
Class Members who made payments after their car was sold may be eligible for a cash payment.
Those who made payments toward their deficiency balance after their repossessed vehicle was sold will get a cash payment, the amount of which will be calculated by comparing how much they paid to the total of such payments Class Members made to Santander.
The amount also will depend on the amount of money in the settlement fund after administrative costs are paid and incentive payments are made to Class representatives.
Class Members in the Santander Consumer USA settlement do not need to file a claim form in order to benefit.
Those wishing to exclude themselves from or object to the settlement must do so by March 4, 2021.
A fairness hearing will be held April 5, 2021.
Who’s Eligible
The settlement will benefit Ohio residents who meet the following criteria:
- purchased a vehicle
- entered into a retail installment sales contract (RISC) where the RISC was assigned to Santander Consumer USA, as part of the purchase transaction
- where, between Jan. 1, 2013, to the date the Court certifies and grants final approval to the Class for settlement purposes only, Santander repossessed the vehicle and then sent a “Notice of Our Plan to Sell Property” letter
- where that letter had a vehicle sale date including the phrase “on or after”
Anyone who received a deficiency balance waiver in connection with any action initiated by any state’s attorney general against Santander related to the person’s RISC or loan account in or around May 2020 is not a Class Member in this settlement unless they also made a payment toward the deficiency notice following repossession.
Potential Award
Varies.
- Class Members who made payments after their car was sold may be eligible for a cash payment. Those who made payments toward their deficiency balance after their repossessed vehicle was sold will get a cash payment, the amount of which will be calculated by comparing how much they paid to the total of such payments Class Members made to Santander. The amount also will depend on the amount of money in the settlement fund after administrative costs are paid and incentive payments are made to Class representatives.
- As part of the settlement agreement, Santander Consumer USA will eliminate each Class member’s deficiency balance — the amount the company claims it is still owed after the vehicle’s repossession and sale. More than $333 million in deficiency balances will be eliminated.
- Santander Consumer USA also will ask credit reporting agencies to delete the tradelines for these accounts from Class Members’ credit reports.
Proof of Purchase
Emails, customer service chat logs, repair records, insurance claims, Return Merchandise Authorization confirmations, or other credible evidence of microphone or speaker failure.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
N/A
Case Name
Rayburn v. Santander Consumer USA Inc., Case No. 2:18-cv-1534 in the U.S. District Court for the Southern District of Ohio
Final Hearing
04/05/2021
Settlement Website
Claims Administrator
Rayburn v. Santander Consumer USA
c/o JND Legal Administration
PO Box 91389
Seattle, WA 98111
(888) 681-1076
info@OhioNOISettlement.com
Class Counsel
Ronald I. Frederick
FREDERICK & BERLER LLC
Daniel P. Goetz
WEISMAN, KENNEDY & BERRIS CO. LPA
Defense Counsel
K. Issac deVyver
Benjamin J. Sitter
MCGUIREWOODS LLP
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25 thoughts onSantander Consumer USA to Pay $1.9M in Ohio Repossession Letter Settlement
How do I contact someone in NY about this issue? Santander took our money and ruined our credit! It’s terrible that this keeps happening!