Consumer complaint received 2025-01-11 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: SANTANDER HOLDINGS USA, INC.
State: GA

Complaint narrative:
Subject : Complaint Against Santander Consumer USA, XXXX, and XXXX for Unlawful Reporting of Inaccurate Information Complainant Information Name : XXXX XXXX XXXX Address : XXXX XXXX XXXX XXXX XXXX Georgia, [ XXXX ] Phone Number : ( XXXX ) XXXX Email Address : XXXX Complaint Filed Against 1. Santander Consumer USA Address : XXXX XXXX XXXX, XXXX XXXX, TX XXXX XXXX. XXXX  Address : XXXX XXXX XXXX, XXXX XXXX, CA, XXXX XXXX. XXXX Address : XXXX XXXX XXXX, XXXX, Illinois, XXXX Summary of the Complaint Santander Consumer USA, XXXX, and XXXX have unlawfully reported inaccurate information on my credit report. Despite being notified through a cease-and-desist notice dated XX/XX/year>, Santander Consumer USA has continued to communicate and provide derogatory information to XXXX and XXXX regarding account number XXXX. Both credit bureaus have failed in their duty to ensure the accuracy of the information, as required under the Fair Credit Reporting Act ( FCRA ). 
Additionally, Santander has violated the Fair Debt Collection Practices Act ( FDCPA ) through unauthorized communications regarding the disputed account. 
Detailed Issues and Violations Definition of Communication The FDCPA defines " communication '' under 15 U.S.C. 1692a ( 2 ) as : " The conveying of information regarding a debt directly or indirectly to any person through any medium. '' Under this definition : 1. Santander Consumer USAs continued reporting of the alleged debt to XXXX and XXXX constitutes unauthorized communication. 
2. These communications are misleading and false, as the debt has been disputed, and no validation has been provided under 15 U.S.C. 1692g ( b ). 
Violations by Santander Consumer USA 1. Violation of 15 U.S.C. 1692c ( c ) Cease Communication : Santander was served a cease-and-desist notice, effectively prohibiting further communication about the alleged debt except for specific circumstances ( e.g., confirmation of compliance ). Reporting to credit bureaus constitutes indirect communication prohibited under this statute. 

2. Violation of 15 U.S.C. 1692e ( 8 ) False or Misleading Representations : Santander falsely represented the debts status to credit bureaus by reporting it as unpaid despite receiving documentation of setoff, settlement, and closure. 

3. Violation of 15 U.S.C. 1692f Unfair Practices : Reporting this account without substantiating the claim constitutes unfair or unconscionable practices. 

4. Profit and Loss Accounting : Santander charged off the alleged debt and likely received compensation through insurance claims, tax write-offs, or other means. Under IRS Revenue Ruling 2001-59, such a charged-off debt is deemed satisfied and should no longer be reported as a liability or active obligation. 
Violations by XXXX and XXXX 1. Violation of 15 U.S.C. 1681e ( b ) Duty to Ensure Accuracy : XXXX and XXXX failed to maintain reasonable procedures to ensure the information reported by Santander Consumer USA was accurate, despite notice of the dispute. 

2. Violation of 15 U.S.C. 1681i ( a ) Failure to Investigate : After receiving my dispute, both credit bureaus failed to conduct a proper investigation or update/remove the inaccurate information. 

3. Violation of 15 U.S.C. 1681s-2 ( b ) Duty to Respond to Disputes : XXXX and XXXX have not fulfilled their obligations to investigate and correct inaccuracies reported by Santander Consumer USA . 



Requested Resolutions 1. Santander Consumer USA : Immediately cease reporting of the disputed account. 
Provide written confirmation of the accounts removal from all credit reporting agencies. 

2. XXXX and XXXX : Remove all inaccurate or derogatory information related to this account. 
Provide written confirmation of compliance with this request. 

3. Compensation : Request statutory damages under 15 U.S.C. 1681n and 15 U.S.C. 1692k, including compensation for emotional distress and reputational harm. 

Supporting Documentation 1. Copy of cease-and-desist notice sent to Santander Consumer USA on XX/XX/year>XXXX  XXXX 

2. Proof of delivery and acknowledgment from Santander. 


Declaration I declare under penalty of perjury that the statements made in this complaint are true to the best of my knowledge. 
Respectfully, XXXX XXXX

Company response to consumer: Closed with explanation