Consumer complaint received 2025-08-25 00:00:00
Product: Debt collection — Auto debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: SANTANDER HOLDINGS USA, INC.
State: FL

Complaint narrative:
I am writing to report a serious violation by Santander Consumer USA ( Santander ) concerning inaccurate and misleading information on my credit report related to an auto loan account. Despite the account being charged off and transferred to collections years ago, Santander has continued to report false late payments, artificially inflating the delinquency history and severely damaging my credit score. This has resulted in a reported payment history showing only 1 % of payments made on time, with derogatory marks extending inexplicably into future years like XXXX, even though my last actual payment was on XX/XX/XXXX, and no further obligations existed with Santander after the charge-off. 

To elaborate on the events : I originally financed an auto loan through Santander, but due to financial hardships, the account fell into delinquency around early XXXX. My final payment was recorded on XX/XX/XXXX, after which the account was charged offa process where the creditor writes off the debt as a loss and typically ceases expecting payments directly from the consumer, often sending it to a third-party collection agency. At this point, the debt was no longer active with Santander, and any collection efforts should have been handled separately. However, Santander has persisted in reporting ongoing late payments ( including severe delinquencies of XXXX days ) post-charge-off, marking the account as Current X Late with Unknown and Derogatory notations across a payment grid spanning from XXXX through projected periods in XXXX. This is patently false, as no payments were due to Santander after the charge-off, rendering these late payment reports impossible and inaccurate. Furthermore, the account is erroneously listed as Open despite its In Collections/Charge-off status, creating a contradictory and harmful portrayal that suggests ongoing activity where none exists. This fabricated history has poisoned my credit profile, making it appear as though I have been chronically delinquent for years beyond the actual events, which has hindered my ability to secure new credit, housing, or employment opportunities. 

This conduct flagrantly violates the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., which mandates that furnishers of credit information, like Santander, provide accurate and complete data to credit reporting agencies. Specifically, under 1681s-2 ( a ) ( 1 ) ( A ), furnishers are prohibited from reporting information they know or have reasonable cause to believe is inaccurateyet Santander has done precisely that by inventing post-charge-off late payments that could not have occurred. The FCRAs charge-off rules, as outlined in regulatory guidance from the Federal Trade Commission and the Consumer Financial Protection Bureau ( CFPB ), stipulate that once an account is charged off ( typically after 180 days of non-payment ), reporting must reflect the accounts true status without fabricating new delinquencies ; negative information can only remain for up to seven years from the date of first delinquency, not be extended through false updates ( see FTCs Summary of Rights Under the FCRA and CFPB interpretations ). Santanders actions echo the very violations that led to their XXXX CFPB consent order, where they were fined {$4.00} XXXX for systematically furnishing inaccurate credit data on auto loans, including incomplete or misleading delinquency reportsa damning pattern of willful negligence that prioritizes corporate convenience over consumer harm. 

In a glittering condemnation of this predatory practice, Santanders reckless disregard for FCRA obligations not only shreds the integrity of the credit reporting system but also perpetuates a cycle of financial entrapment for vulnerable consumers, turning a single hardship into a lifelong scarlet letter on their credit history. This is not mere oversight ; it is a calculated assault on fairness, akin to forging evidence in a trial, and demands swift CFPB intervention to excise these falsehoods entirely from my reports across all bureaus, impose substantial penalties to deter future abuses, and restore my financial dignity as the law intends. I request a full investigation, immediate correction, and any applicable relief under the FCRAs private enforcement provisions.

Company response to consumer: Closed with explanation