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TCPA Lawsuit Results In Judgment Of $571,000

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

TCPA Lawsuit Results In Judgment Of $571,000

A Telephone Consumer Protection Act (TCPA) lawsuit has resulted in a judgment of $571,000 against the defendant, Santander Consumer USA, Inc. Santander Consumer USA, Inc. called Heather Nelson’s cell phone 1,026 times, and left another 116 pre-recorded messages times during a one year period, while attempting to collect a debt that originated from loans around two motor vehicles, a van and a truck.Ms. Nelson, the plaintiff, took the auto loans out through HSBC Auto Credit; Santander Consumer USA, Inc. bought a loan portfolio from HSBC which included Ms. Nelson’s accounts. But she had never given out her cellular telephone number in the loan application with HSBC Auto Credit, nor had she given the number to HSBC Auto Credit or Santander Consumer USA, Inc. On April 13, 2010, Ms. Nelson wrote a letter to Santander stating: “You may not at anytime contact me at any work number listed. This includes [four telephone numbers including Ms. Nelson’s cellular telephone number]. Any conversations need to be addressed in writing.” But, Santander kept calling Ms. Nelson on her cell phone after they received her letter.On May 29, 2010, Santander Consumer USA, Inc. repossessed Ms. Nelson’s truck, and between March of 2010 and April of 2011, Santander called Ms. Nelson’s cell phone 1,026 times. One hundred and sixteen of the calls ended in prerecorded messages left on Ms. Nelson’s cell phone voicemail. All of these calls and messages constituted violations of the Telephone Consumer Protection Act (1,142 charges, all told). Santander Consumer USA, Inc. used an automatic dialing telephone system, manufactured by Aspect; the Court discovered that Santander’s “employees never called plaintiff by pressing numbers on a keypad.” The TCPA prohibits the use of automatic dialing systems to contact cell phone users without their express consent—which Ms. Nelson explicitly denied.Santander Consumer USA, Inc. tried to argue that Ms. Nelson didn’t qualify as the “called party,” as the cell phone account was listed in Ms. Nelson’s husband’s name. But the court did not agree, and entered judgment against Santander in the amount of $571,000 for its repeated violations of the TCPA.The TCPA restricts telephone solicitations, the use of automated telephone equipment, and unsolicited advertisements. Specifically, the TCPA limits the use of automatic dialing systems, prerecorded voice messages, unsolicited text messages, and junk faxes. So, what should you do when you get a robocall or an unsolicited text message? Hang up the phone. Do not press 1 or any other numbers to get off the list. Then, contact Mike Agruss Law, for a free consultation. The Federal Trade Commission has stopped billions, yes billions, of robocalls in the last two years. Mike Agruss Law, will do the same for you. We will aggressively enforce the law to stop robocalls and unsolicited text message. Not only will we stop the calls and text messages, but you may be entitled to money damages, too. Damages in TCPA cases range from $500.00 – $1,500.00 per call or text.

Submitted Comments

Steve
7 years ago
Have had major problems with Santander. On our first loan we made a total of 86 payments of $323 and they always would say are balance would be approximately $5k. They repossessed the car twice. This was wife's 2008 Honda I am behind on my 2009 Mini Cooper and they have called 100s of times even at my work and after I told them not to call. I need help with these people. The car has a engine problem I am trying to have fixed and start making payments again before they repo the Mini as well. Is there anyway you could help us with either account? Thank you Scared to answer phone so please text or let me know when and where you are calling from. Steve
Mindy
7 years ago
we are a Army family an I think they violated some laws. after a few years of payments paid on time .. i did some math and figured out we were paying well over the military lending act amounts. ..our balance kept going up. so they woulnt not lower it ....and acording to my credit report they never sold it and now we cant buy a house because this truck on r credit that we still owe money on!
Meg
7 years ago
Looking for suit against santander for my auto loan. Harassing automated phone calls been paying for 6 years so should be pd off nod they are stating still owe 10,000. Trying to reposses. Multiple callsa day over past two years!
Ariel
7 years ago
I believe they wrongly reposessed my vehicle, as well as harassed me. I was behind on payments, which I was not even aware of....anyways, I paid over $900 on November 1st 2013 which I was told by the representative would get me 100% caught up. Well, I guess on 11/18/2013 the payment was returned which I was not aware of until they repo'd my car 3 days ago by entering into my GATED secured parking garage. the guy who repo'd my car blocked me in threatened me and threatened to call the cops on me as well. I am a single female and he blocked me in at 3am making it so i could not leave it gets better....he told me if I paid him $300 he would not repo my car. I don't have access to any of the paperwork-because its in my car. but I'm having cell issues!
Visitor
7 years ago
I m a 100% disabled combat veteran I fought in iraq 05 ptsd TBI I had a dodge nitro financed by hsbc I was in a va hospital in Wyoming and they pulled the note on my car repo ed it sold it and sent me a bill for 11,000$. My wife was supposed to be making the payments on time I had 2 late payments had the cash to make the full payment and the said they were calling the note. I just found out there was a class action lawsuit. For 591,000 I want to sue them they left me wife and 2 kids to walk all while I had Dr's appoints. I've been with JD Byrider since 2000 and 8I paid off one vehicle since and cell over 13,000 on a 4000 dollar vanif anyone has a case against them it would be mean I would like my 90 back 11000 taken off my credit record in roughly the 45011 at JD Byrider on bullshit vehicles. what do you thinkcould you please have an attorney call me at 7 (7193608284!
Iris
6 years ago
Not sure I have a case. But daily I am inundated with phone calls from foreign sounding individuals and then multiple multiple texts about my qualifications for a payday loan. It is difficult to track down these folks as the numbers are barely full phone numbers. I have sent back STOP and NO and I have put myself on the Do Not Call Registry. NOTHING WORKS! Are we all just stuck with these calls and texts throughout our workday and life!

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