Consumer complaint received 2025-10-14 00:00:00
Product: Vehicle loan or lease — Lease
Issue: Managing the loan or lease — Problem with the interest rate
Company: SANTANDER HOLDINGS USA, INC.
State: NY

Complaint narrative:
Subject : Fraudulent Auto Loan Contract, Unauthorized Credit Inquiries, and Mishandling of Personally Identifiable Information ( PII ) by XXXX  1. SUMMARY OF COMPLAINT I am submitting this formal complaint under Title 15 U.S.C. 1681 et seq. ( Fair Credit Reporting Act ) and 15 U.S.C. 1601 et seq. ( Truth in Lending Act ) to report violations involving : 1. A fraudulent and deceptive auto loan with XXXX XXXX  / affiliated dealership ; and XXXX. XXXX data breach, which compromised my Social Security number, date of birth, and birth certificate data non-expiring personal identifiers leaving me at permanent risk of identity theft.

2. AUTO FINANCE FRAUD VIOLATION OF TILA & UCC I was fraudulently induced into an auto financing contract showing {$1100.00} per month for XXXX  months on a vehicle valued at approximately {$50000.00}. I never received full disclosure of the credit terms, total finance charge, or my right to rescind. 
The lenders actions violate the Truth in Lending Act ( TILA ) and UCC 2-302 ( unconscionable contracts ) by : Failing to disclose the Annual Percentage Rate ( APR ) and finance charges ( 1638 ).

Concealing or misrepresenting total payment terms ( 1631 ).

Failing to provide the required copy of the executed contract ( 1635 ). 
Engaging in deceptive practices and possible signature reproduction ( forgery ).

3. XXXX  DATA BREACH & NEGLIGENCE UNDER FCRA XXXX  reported a data breach that exposed my Social Security Number, full birth details, and other sensitive records. These identifiers have no expiration date, and once exposed, pose lifetime harm. 

Despite this, XXXX  offered only XXXX  months of identity protection, which is inadequate and negligent. 
Their actions violate multiple FCRA provisions : 1681e ( a ) Failure to maintain reasonable procedures to assure maximum possible accuracy and security of consumer information.

1681e ( b ) Failure to follow reasonable procedures to assure accuracy in reporting data.

1681b ( a ) Allowing unauthorized parties to obtain my consumer report without permissible purpose ( unauthorized hard inquiries ).

1681c ( a ) Reporting obsolete, inaccurate, or unverifiable information.

1681i ( a ) Failure to conduct proper reinvestigation after receiving consumer disputes.

1681g ( a ) Failure to disclose full and accurate file information to the consumer upon request.

1681h ( a ) Failure to protect confidentiality of consumer information during reinvestigation or disclosure.

1681m ( a ) Failure to provide adverse action notice and disclosure when credit was denied based on information in a consumer report.

1681n Willful noncompliance with FCRA requirements.

1681o Negligent noncompliance with FCRA requirements. 

XXXX limited XXXX identity protection program does not satisfy their ongoing legal duty to mitigate harm from an indefinite exposure of PII.

Given that Social Security Numbers and birth records can not be reissued, lifetime identity protection and credit monitoring are warranted.

4. CREDIT REPORT ACCURACY & UNAUTHORIZED INQUIRIES While XXXX currently does not report my child support account, it continues to show multiple unauthorized hard inquiries linked to the fraudulent auto financing. 
These inquiries were conducted without my knowledge, consent, or a permissible purpose, violating FCRA 1681b and 1681e ( a ). 

Other bureaus ( not XXXX  ) are reporting the inaccurate child support balance discrepancy, which I am addressing separately with XXXX. 
However, XXXX obligation to safeguard, verify, and correct inaccurate or unauthorized entries remains under FCRA 1681i ( a ).

5. REQUESTED REMEDIES I request that the CFPB : 1. Conduct a full investigation into the fraudulent auto financing contract under TILA and UCC. 
2. Investigate XXXX data breach, and whether its limited protection offer constitutes negligent or willful noncompliance under the FCRA. 
3. Require XXXX  to provide lifetime identity protection, credit monitoring, and fraud restoration services at no cost. 
4. Remove all unauthorized hard inquiries.

5. Compensate me for any damages, anxiety, or distress caused by the breach and negligent handling of my personal information. 
Upon review of the retail installment contract, I discovered a limited Power of Attorney clause and undisclosed assignment of my signed negotiable instrument, which violates the disclosure requirements under 15 U.S.C. 1639 ( a ) ( 1 ) ( B ) and UCC 3-203. I therefore dispute the validity and enforceability of this contract.

Company response to consumer: Closed with explanation