Consumer complaint received 2021-09-05
Company: Santander Consumer USA Holdings Inc.
State: TN
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Confusing or misleading advertising or marketing

Complaint:
I fill out a credit application on XXXX & got approve. 
Once approve I realize XXXX  was advertising down payment. 
I never once ask for a downpayment or ask to be advertise one. 
XXXX  is advertising down payment which is against The Truth In Lending Act & Violation. 
Title 15 U.S. Code 1662 No advertisement to aid, promote, or assist directly or indirectly any extension of consumer credit may state ( 1 ) that a specific periodic consumer credit amount or installment amount can be arranged, unless the creditor usually and customarily arranges credit payments or installments for that period and in that amount. ( 2 ) that a specified downpayment is required in connection with any extension of consumer credit, unless the creditor usually and customarily arranges downpayments in that amount.

Also asking for a down payment ( charge ) & monthly Charges is a Violation If The Truth In Lending Act & Title 15 U.S. Code 1605 a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the SUM OF ALL charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. 
Service for vehicle also included with finance charge Property damage and liability insurance include Pursuant To Title 15 U.S. Code 1605 ( c ) Property damage and liability insurance premiums included in finance charge Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property, shall be included in the finance charge unless a clear and specific statement in writing is furnished by the creditor to the person to whom the credit is extended, setting forth the cost of the insurance if obtained from or through the creditor, and stating that the person to whom the credit is extended may choose the person through which the insurance is to be obtained. 
My income and capital/surplus is not a factor is this Consumer Credit Transaction. The Truth In Lending Act Does Not Define Income I also have my 4th amendment right Which states that I have the right to be secured and my security interests is my right to be secured!

This Is My Credit Being Extending To Me In My Behalf.

Im A Natural Person & Consumer With Rights Under The Truth In Lending Act Deny or Discriminate Against Me & My Rights will Be Against The Law Criminally & Civilly.

Finance charges sum of all charges including insurance denied me that right is violation of Title 15 U.S.Code 1611 Criminal Liability For Willful And Knowing Violation Whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, ( 2 ) uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or ( 3 ) otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both.

My cash advance I will receive in return for finance charge will pay for the purchase of the vehicle.

Im coming as the ORIGINAL CREDITOR NATURAL PERSON & CONSUMER CREDIT IS MY RIGHT NOT PRIVILEGE Violated my rights is consider Discrimination I am exercising my RIGHTS UNDER TITLE 15 CHAPTER 41 CONSUMER CREDIT PROTECTION Denied me my rights under chapter 41 is DISCRIMINATION Title 15 U.S. Code 1691a ( 3 ) Activities constituting discrimination It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction ( 3 ) because the applicant has in good faith exercised any right under this chapter.

15 U.S. Code 1691e - Civil liability Any creditor who fails to comply with any requirement imposed under this subchapter shall be liable to the aggrieved applicant for any actual damages sustained by such applicant acting either in an individual capacity or as a member of a class. 
Any creditor, other than a government or governmental subdivision or agency, who fails to comply with any requirement imposed under this subchapter shall be liable to the aggrieved applicant for punitive damages in an amount not greater than {$10000.00}, in addition to any actual damages provided in subsection

Company response to consumer: Closed with explanation