Consumer complaint received 2016-07-13
Company: Santander Consumer USA Holdings Inc.
State: NC
Product: Consumer Loan
Sub-product: Installment loan
Issue: Taking out the loan or lease

Complaint:
Santander Consumer USA is no stranger to violating State and Federal Laws and regulations. 
I have a contract with Santander Consumer USA concerning a XXXX XXXX XXXX dated XXXX XXXX XXXX, My credit score at the time was XXXX with XXXX but the paper I was presented states my credit score was XXXX with XXXX. 
Other than that my main complaint is about Santander Consumer USA is in Violation of the XXXX Usury Laws, XXXX, and violation of the usury statute and the Unfair and Deceptive Trade Practices Act ( " UDTPA '' ) XXXX XXXX alleges that the interest rates charged to consumers on the loans at issue are in violation of the XXXX usury law. XXXX law provides that the maximum interest rate that can be charged to XXXX consumers on a loan of {$25000.00} or less is 16 % per annum. XXXX XXXX. XXXX XXXX also alleges that the interest rates charged by Santander violate the XXXX XXXX XXXX. XXXX et seq., and the UDTPA, XXXX. XXXX et seq. XXXX XXXX contends that any loans in violation of the XXXX XXXX XXXX are void under XXXX. XXXX XXXX d ). 
pursuant to XXXX. XXXX and XXXX, to obtain a refund of money paid to Santander plus civil penalties and injunctive relief to prevent further violations of the UDTPA. Also under XXXX Usury Law violations Consumer is entitled to Treble Damages. 

loans made by Santander to XXXX residents have resulted in XXXX consumers being subjected to oppressive repayment requirements, harassing collection tactics, and reports of non-payment to credit agencies. Multiple XXXX consumers have complained of the same or similar violations by Santander. 

In addition, XXXX usury statute, which XXXX XXXX claims seek to enforce, specifically provides that [ f ] or purposes of this Chapter, any extension of credit shall be deemed to have been made in this State, and therefore subject to the provisions of this Chapter if the lender offers or agrees in this State to lend to a borrower who is a resident of this State, or if such borrower accepts or makes the offer in this State to borrow, regardless of the situs of the contract as specified therein. '' XXXX. XXXX XXXX ( a ) ( emphasis added ). 
The XXXX Supreme Court has held that a contract " made in a foreign State or country with the intent and purpose to evade the usury laws of this State '' is invalid and " the interest laws of XXXX are applicable. '' XXXX, XXXX XXXX at XXXX ( citations omitted ). XXXX XXXX clearly alleges that Santander Consumer USA are attempting to evade XXXX consumer protection and usury laws. 

Finally, the Court 's have noted that XXXX will not enforce a choice of law provision in a contract where the chosen law would " violate a fundamental policy of [ XXXX ] of otherwise applicable law. '' XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX ). The XXXX usury statute makes clear that " [ i ] t is the XXXX XXXX policy of XXXX to protect XXXX resident borrowers through the application of XXXX interest laws. '' XXXX XXXX ( g ). 

Please see examples of Santander Consumer USA violations and settlements listed below. 
Hundreds of XXXX Drivers to Receive {$5.00} XXXX in Relief on High-Interest Auto Loans Santander to Pay Refunds, Forgive Interest on Subprime Auto Loans Made to Consumers XXXX - A national auto lender has agreed to provide {$5.00} XXXX in relief to more than XXXX XXXX consumers over allegations that it charged excessive interest rates on its subprime auto loans, XXXX XXXX XXXX announced today. 
The consumers helped by the settlement are located across the state, with concentrations in XXXX, XXXX, XXXX, XXXX, provider {$11000.00} to each consumer

Company response to consumer: Closed with explanation