Consumer complaint received 2024-04-17
Product: Debt collection — Auto debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: SANTANDER HOLDINGS USA, INC. (MO)

Subject : Notice to Principal is Notice to Agent and Notice to Agent is Notice to Principal - Legal Violations Regarding Consumer Profile. I hope this NOTICE finds you well. I am writing to address a matter of utmost significance regarding the improper use of my consumer profile, leading to potential discrimination from other collection agencies based on inaccurate credit reporting. It is crucial that Original Creditor : ( SANTANDER CONSUMER USA ) rectifies these issues promptly in accordance with applicable laws and regulations. The foundational principle, Notice to Principal is Notice to Agent and Notice to Agent is Notice to Principal, deeply embedded in legal doctrine, serves as the bedrock for addressing the violation at hand. 

Title 15, Section 1692c ( 15 U.S.C. 1692c ) of the United States Code establishes explicit limitations on communication in connection with debt collection. These limitations prohibit debt collectors from communicating about a consumers debt to third parties unless under specific circumstances, such as with the consumers consent or for the purpose of locating the consumer. In conjunction with these provisions, it is imperative to comprehend the concept of permissible purpose as defined in 15 U.S.C. 1681b. This section delineates the legitimate reasons for obtaining and using consumer reports, ensuring that creditors have a valid and authorized basis for accessing and utilizing a consumers credit information. Violating this principle arises when a creditor sells a debt without a permissible purpose, raising significant concerns about the legality of such actions. 

The violation extends beyond the boundaries of the Fair Debt Collection Practices Act ( FDCPA ). While the FDCPA primarily applies to third-party debt collectors, original creditors, such as [ SANTANDER CONSUMER USA ] , must also adhere to other applicable laws and regulations. The Truth in Lending Act ( TILA ), specifically TILA Violation 1026.9, mandates adequate notice of the sale of debt. The absence of such notice constitutes a violation of TILA, compounding the severity of the violation. According to 16 CFR 313.7, I hereby opt out of having any information pertaining to my account with Original Creditor : ( SANTANDER CONSUMER USA ) to credit reporting agencies. Please ensure that my account status and any associated data are not disclosed to any credit bureaus or included in any credit reports. This request is in accordance with my rights under the Fair Credit Reporting Act. 

Under the provisions of 15 USC 6802, I demand that Original Creditor : ( SANTANDER CONSUMER USA ) refrain from disclosing any of my personal information to third parties for marketing purposes. Please ensure that my personal data, including but not limited to my name, contact information, and transaction history, is not shared with any external entities without my explicit consent. This request is made in accordance with the protections afforded to consumers under the Gramm-Leach-Bliley Act. Your compliance with this demand is imperative to safeguarding my privacy rights, and any violation will be subject to legal recourse. 

Under 15 USC 1666b, companies are prohibited from reporting transaction histories on credit reports. This statute protects consumers by ensuring that sensitive financial information, such as detailed transaction histories, remains confidential and does not influence their creditworthiness. Transaction histories typically contain detailed records of purchases and payments, which are not relevant to assessing credit risk. By limiting the information included in credit reports to relevant credit-related data, consumers ' privacy is preserved, and the accuracy of credit assessments is maintained. Therefore, any attempt by a company to report transaction histories on credit reports would be in violation of this federal law. 

17 CFR 424 is a regulation issued by the U.S. Securities and Exchange Commission ( SEC ) that pertains to the filing of prospectuses and communications with the public under the Securities Act of 1933. This regulation outlines the requirements for the content, format, and filing procedures of prospectuses, which are documents used by companies to disclose information about securities offerings to potential investors. Under 17 CFR 424, issuers are required to file prospectuses with the SEC, ensuring that investors receive accurate and comprehensive information about the securities being offered for sale. Additionally, the regulation governs the use of free writing prospectuses and other communications made by issuers during the offering process, aiming to promote transparency and investor protection in the securities markets. 


Compliance with 17 CFR 424  is essential for issuers to adhere to the regulatory standards set forth by the SEC and maintain the integrity of the public offering process. 15 USC 1681S-2, part of the Fair Credit Reporting Act ( FCRA ), outlines the responsibilities of furnishers of information to consumer reporting agencies. This law requires entities that provide information about consumers ' credit histories to ensure the accuracy and completeness of the data they report. It mandates that furnishers investigate disputes about the accuracy of information on credit reports and correct any inaccuracies. Additionally, it requires furnishers to promptly update or delete information that is incomplete or inaccurate. 

Essentially, 15 USC 1681S-2 aims to promote fairness, accuracy, and privacy within the credit reporting system by holding data furnishers accountable for the information they provide. 15 USC 1692g, commonly known as the Fair Debt Collection Practices Act ( FDCPA ), outlines the rights of consumers in debt collection practices. This law requires debt collectors to provide consumers with written validation of the debt within five days of initial contact. It also grants consumers the right to dispute the debt and request verification of its accuracy. Furthermore, it prohibits debt collectors from engaging in abusive, deceptive, or unfair practices, such as harassment, false representations, or threats of legal action they do not intend to take. Essentially, 15 USC 1692g aims to protect consumers from unfair debt collection practices and ensure transparency and fairness in debt collection activities.