Inaccuracies on Your Credit Report and the FCRA. Id. The damages sought are not based on any alleged injury; they are based on a statutory formula. Crew Grp., Inc., 918 F.3d 102, 112 (3d Cir. Defendant argues that Plaintiffs' Complaint makes an improper attempt to avoid federal jurisdiction by disclaiming potential remedies and injury on behalf of absent putative class members. And, when a federal court has no jurisdiction of a case removed from a state court, it must remand and not dismiss on the ground of futility. Bromwell, 115 F.3d at 214. Although, as Plaintiffs point out, this case is different than the other MVSFA removal case in our District, Langer, the difference is not material. 2016)). Plaintiffs, Hugh and Christine Kelly (the Kellys), bring this action against Santander Consumer USA (Santander). Valley Bank & Tr. 1974) ([T]he MVSFA was enacted in 1947, among other reasons, to curb the abuses associated with private repossessions. at *4. The notice must tell you the . The Department of Justice announced today that Santander Consumer USA Inc, dba Chrysler Capital (Santander), has agreed to pay more than $134,000 to settle a federal lawsuit alleging that the company denied early motor vehicle lease terminations to servicemembers who qualified for them under the Servicemembers Civil Relief Act (SCRA). Indiana Consumer Law Group/The Law Office of Robert E. Duff announces the recent filing of a lawsuit against several defendants, including Santander Consumer USA Inc., over a repossession that allegedly did not comply with Indiana law. (See Compl. Sending debt collection letters that are confusing. Auth., 903 F.3d 312 (SEPTA's failure to send copies of background checks to employees sufficiently concrete injury under FCRA, but failure to notify them of their FCRA rights was bare procedural violation); Thorne v. Pep Boys Manny Moe & Jack Inc., 980 F.3d 879 (3d Cir. We may be able to help. Defendant argues that Plaintiffs have not pled an attenuated risk of future harm or bare violation of statute divorced from actual injury, and that the millions of dollars Plaintiffs seek is actual and concrete redress. Because Santander collected an allegedly unlawful fee from Plaintiffs that was purportedly neither permitted by law nor authorized by contract, the court deemed plaintiffs to have suffered a concrete harm. Id. Those who were or should be loan forgiveness would have to pay for an attorney because Santanders will not honestly forgive any loans. Here are some examples of things you might have experienced. In addition, many states will waive the fees associated with filing a foreclosure claim. One is Spokeo, where the plaintiff alleged that a website violated the Fair Credit Reporting Act (FCRA) by publicizing inaccurate information about the plaintiff's creditworthiness over a public search engine. at 1547-50. The settlement requires Santander to pay $65 million in restitution to consumers. Ridiculous rates. To qualify for restitution, consumers must have had a loan with Santander between 2010 and 2019. The company settled lawsuits for the same issue with 33 States and the District of Columbia. at 18-20). (Id. to avoid Federal Jurisdiction, deliberately failing to plead facts sufficient to meet the requirements of Article III, pertinent case law, and Fed.R.Civ.P. My vehicle was picked up for non payment after I pd almost 17k in one lump sum. We are committed to ensuring that those serving in our nations military receive the full range of benefits and protections that they are entitled to under the Servicemembers Civil Relief Act., Given all our veterans put on the line when they deploy or change station, the last thing they should have to worry about is their car lease, said Acting U.S. Attorney Prerak Shah for the Northern District of Texas. More than $333 million in deficiency balances will be eliminated. Business Started Locally: 3/16/2006. As part of the settlement agreement, Santander Consumer USA will eliminate each Class member's deficiency balance the amount the company claims it is still owed after the vehicle's repossession and sale. The plaintiff attempted to plead two concrete injuries: the printing of the prohibited digits themselves and the increased risk of identity theft from the printing of extra digits. Santander Consumer USA Holdings Inc. (NYSE: SC) ("SC"), today issued the following statement regarding its voluntary settlement with 33 states and the District of Columbia, which alleged that auto loans that SC funded through certain automobile dealers dating back to 2010 violated consumer protection laws because of the high risk that certain borrowers would default: SC's voluntary agreement . You just need to prove that your loan was canceled and repossessed because of your non-payment. Furthermore, the factual allegations of the Complaint do not establish that the Plaintiffs or putative class members have suffered an injury-in-fact; Plaintiffs included no allegations that they suffered concrete damages such as the loss of use of a vehicle or harm to their credit. However, if the officers actively engage in the repossession, the repo may be against the law. Were investigating to see if a class action is needed to remedy these practices or compensate consumers for them. You will have to qualify if you have a loan with Santander between 2010 and 2019. (Id. The SCRA permits servicemembers to terminate their motor vehicle leases early without penalty after entering military service or receiving qualifying military orders for a permanent change of station or to deploy to another location. The Supreme Court has drawn a line between bare procedural violations and injuries in fact. Spokeo, 136 S.Ct. at *1. at 2). A coalition of 34 attorneys general led by Illinois Attorney General Kwame Raoul, announced on May 19, 2020, a settlement with Santander Consumer USA Inc. (Santander) that includes approximately $550 million in relief for consumers with even more relief in additional deficiency waivers expected. Box 660633 Dallas, TX 75266-0633 Employment Check out careers Need More Help? The Kellys filed their complaint on behalf of themselves and similarly situated people who have had their vehicles repossessed by Santander in Pennsylvania. 1:15-cv-0990, 2018 WL 500347 (E.D. It did not provide all conditions that had to be met in order to reinstate the loan. The notice must have this title: "Rights of Defaulting Buyer under the Massachusetts Motor Vehicle Installment Sales Act". The Complaint includes allegations that Santander permitted wrongful assessment of fees such that plaintiffs could not redeem their vehicle or get their personal belongings back. Santander settled a lawsuit with the state of Massachusetts over subprime auto loans for $5.56 million. The bank failed to properly monitor dealer behavior and failed to factor in a consumer's ability to pay. Even though your credit score may be low, any place seems to be better than Santander. SACRAMENTO - California Attorney General Xavier Becerra today, along with a coalition of 33 other attorneys general, announced a multistate settlement with Santander Consumer USA Inc. (Santander) that includes over $550 million in nationwide relief for consumers; California consumers will receive over $99 million of that amount. LEXIS 229602 (N.D. Ga. Dec. 17, 2019). Original loan was for $12, 000. See Homziak, 839 A.2d at 1081. For Immediate Release: Tuesday, May 19, 2020 Contact: Laura Brewer (919) 716-6484 North Carolinians will receive more than $27 million in consumer relief (RALEIGH) Attorney General Josh Stein today will file a settlement with the nation's largest subprime auto financing company, Santander Consumer USA Inc. (Santander), that includes approximately $550 million in relief for consumers [] CV 120-115, 2021 U.S. Dist. Another decision shows the opposite side of the coin. 1. v. Union Switch & Signal Div., 809 F.2d 1006, 1010 (3d Cir. Santander has also been sued before under the Fair Credit Reporting Act. I tried numerous times to resolve this issue with the dealership and then took this issue to Santander but was denied any help at all which then resorted in the vehicle being repossessed because it was not drivable with extremely dangerous electrical issues and flooding. 28, 2018). Did you own a vehicle that was repossessed? The notice will state the amount you owe to reinstate your contract and the due date. I need help so badly with this injustice santander has done to me. 1441(a), a defendant may remove a civil action filed in a state court if the federal court would have had original jurisdiction over the action. This definitely isn't the experience we want for any of our customers and we'll be more than happy to have someone look into this for you. 325413, TX Bar No. The only part of this settlement that has been honored is restitution. Required fields are marked *. The other day when they repoed my car I had just made a payment again on 8/3/2022 and was going to make a payment on the 8/19/2022. I have begged them to please put the past due balance on the back of the loan so that the payments I were makingn would be current payment and I would not be paying all this money on interest. The Servicemembers Civil Relief Act is designed to ease the financial burdens associated with active duty military service. Although, one of your reps. did actually state that the first two attempts were sent to a wrong address so I have repeatedly asked for COPIES OF THOSE ORIGINAL LETTERS be sent to me or even emailed to me. But like a lot of companies, Santander has arbitration clauses in its contracts that keep consumers from going to court. Im only 22 i bought my car in oct of 2021 and had covid twice through all this . Co. v. Knowles, 568 U.S. 588, 592 (2013) (internal quotation marks omitted). My address is verified at least twice, I am assured that 4 separate attempts have been made to send me these documents. If the state has settled with the consumer, the settlement administrator will remove the debt from the consumers credit reports. In May 2020, Plaintiffs filed a class action complaint in the Philadelphia Court of Common Pleas. 2018) (disclosure of debtor account number through envelope window was injury-in-fact, because implicated the traditional concern of invasion of privacy). The payment to New Hampshire will be $427,649, which will go directly to affected consumers as restitution. Although the Kellys have not alleged that they paid these fees, it is nonetheless the attempt to collect a fee which is prohibited, furnishing an injury-in-fact. Whether their car will be seized and sold at auction should not be an additional worry., BankRank.org give Santander a grade of B for debt collection, but states that even after adjusting for bank size and number of customers, Santander Consumer USA receives more complaints per customer than 98% of other banks. Santander located and repossessed it on 7/18. Main Address Santander Consumer USA Inc. P.O. 12:10-13:18, ECF 18). The fee was 338.70. Comment 4 to 13 Pa. Con. The court held emphasized that the plaintiffs' allegations described actual damage in the loss of their vehicle and the existence of monetary loss. Id. That means, if left as it is, will remain on my credit almost two years longer than it would have, had you followed the law. Plaintiffs also note that Defendants list the amount in controversy at $5M in order to establish federal jurisdiction under CAFA. For your convenience, we have included certain links to third party websites in our site. ' Id. Last month, Santander settled a lawsuit brought by two consumers who alleged that the bank failed to properly monitor a Queens dealership, called New York Motor Group LLC, where an employee who . Id. Kneupper & Covey accepts consumer protection cases across the country, with licenses to practice in California, Georgia, and Texas. They gave me a deal of 4 payments or $1373.00 a month for 4 months. Santander Consumer Usa is legally based in Delaware and receives mail at this address : Santander Consumer USA, Inc. C T Corporation System 208 SO Lasalle ST, Suite 814 Chicago, IL 60604 If you would like examples of demand letters or more information about how to write them, you can find an excellent guide here. (Id.). The lawsuit thus also complains that the company pursued the plaintiffs for deficiency balances that it no longer had any legal right to. If your vehicle repossession was caused by a lenders negligence, you can expect to receive restitution. at 13, 69). See Morgan v. Gay, 471 F.3d 469, 474 (3d Cir. Ga.). The company agreed to pay $25.9 million in restitution to consumers who were affected by the companys loan repossession. Ins. Unlike the printing of six extra credit card digits in Kamal, there is no need here to follow a speculative chain of future events to identify the threat faced when Plaintiffs received inaccurate notices of repossession. Plaintiffs argue that Defendant's reliance on the legislative history of CAFA is irrelevant. to Remand 2, 3, ECF 8). Kneupper & Covey can represent consumers in arbitrations or lawsuits against Santander. As far as this Court can tell, Langer is the only case in our circuit that addresses removal in the context of the UCC and MVSFA. Plaintiffs' primary argument is that they have no standing in federal court. (Id. In 2015, in fact, the company was forced to pay $9.35 million in a Justice Department lawsuit against it for violating the Servicemembers Civil Relief Act (SCRA) by illegally repossessing more than 1,100 . Santander also must try to buy back certain loans it no My credit score has been decreased by almost 100 points. Dallas-based auto lender Santander Consumer USA Inc. agreed to settle a lawsuit brought by the U.S. Department of Justice alleging that it violated U.S. military . It states clearly that they cannot repossess.They had no right to repo my car the courts deemed this, or am I mistaken? Federal lawspecifically the Fair Credit Reporting Actgives consumers rights when their credit is tarnished with an inaccurate representation. This field is for validation purposes and should be left unchanged. CAFA does not alter these principles. Ga. Mar. They didn't do this. There, respondents argued they had federal standing to challenge an action of the United States Forest Service because they had been denied a procedural injury: the ability to file comments on some Forest Service actions as provided by statute. Id. Id. 2015) (quoting Havens Realty Corp. v. Coleman, 455 U.S. 363, 373 (1982)) (holding that plaintiffs had standing to sue internet advertisers for violations of the Wiretap Act, Stored Communications Act, and Computer Fraud and Abuse Act). 15, 2021). An out-of-circuit case is arguably more similar to this case. I called on 7/19 to ask about retrieving his personal property in the car and was asked if I wanted to redeem the vehicle. Like those debtors, the Kellys received misleading communications concerning the enforceability of a debt, which create[d] a substantial risk that such [material] harms will occur. 2018 WL 1521892, at *4. 2017); see also Long v. Se. How to File a CertainTeed Siding Class Action Lawsuit, Class Action CertainTeed Shingles Lawsuits. at 116. I can NOT believe they would take a persons car because of pennies. . Unable to negotiate any late payments due to Covid back in 2021. III, 2. There are two ways to get relief from Santanders repossession. A legal claim called conversion is a very old kind of lawsuit that can help you get your property back, including cars in some cases. An official website of the United States government. This will surely increase the credibility of your complaint. You will have 21 days from the date of the notice to bring your payments current. The Complaint describes Santander's actions as violating] its Obligation of Good Faith, proceed[ing] in a commercially unreasonable manner, violat[ing] [its] fiduciary duties, pointing to its affirmative concealment and/or self-concealing nature of this wrongdoing. (Id. Finally, Defendant argues that Plaintiffs' pleadings confirm the amount in controversy is met, and highlights Santander's declaration, made under penalty of perjury, verifying jurisdictional requirements and the amount in controversy. If youve experienced questionable debt collection practices with Santanders, fill out the form on this page and attach evidence, such as letters received or cell phone numbers called and dates of calls. Stat. This field is for validation purposes and should be left unchanged. The court determined that these allegations yielded a particularized and concrete injury that satisfied the requirements of standing and denied the motion to remand. Please provide any additional information about your inquiry. What I did receive however, is an email with the breakdown of when all of my payments have been made and what the remaining balance on the account was. (Opp'n at 2). There excuse is its under my deceased husbands name. Applying the legal principles above, the Court will deny Plaintiffs' Motion to Remand the case to the Philadelphia Court of Common Pleas. What kinds of lawsuits might I have against Santander Consumer USA? Plaintiffs argue that as masters of their complaint, they have chosen to assert only those claims over which a federal court would not have jurisdiction. While many lenders have begun to voluntarily forego repossessions during the pandemic, if you get behind on your payments, your lender still could repossess your car sometimes without warning. I am told they can't email me a copy for whatever reason but they guarantee they have been sent. Additional information on the departments enforcement of the SCRA and other laws protecting servicemembers is available at www.servicemembers.gov. fees" to me post charge off and when asked the have to answer as to what the fees are. If youve had a Santander Consumer USA vehicle loan that led to a repossession, fill out the form on this page and let us know what your experience was. Plaintiffs emphasize that they have not entered into any stipulation that they will cap damages under a certain amount; they are not legally limiting the amount of monetary damages available to the putative class. a payment may not stop a repossession. The settlement with Santander will resolve allegations that the bank violated consumer protection laws by putting subprime borrowers into loans that carried a high probability of default. Kevin Kneupper (CA Bar No. In Littlejohn v. Phoenix Title Loans, the plaintiff alleged that the defendant failed to make required disclosures and listed inaccurate charges on documents relating to her car loan. (WEHT) - Thousands of Tri-Staters will soon receive a check after a multi-million dollar settlement. III may exist solely by virtue of statutes creating legal rights, the invasion of which creates standing. In re Google Inc. Cookie Placement Consumer Priv. The Court rejected their argument, holding that the deprivation of a procedural right without some concrete interest that is affected by the deprivation-a procedural right in vacuo-is insufficient to create Article III standing. Id. The civil rights of servicemembers who sacrifice so much for our country must be respected, said Assistant Attorney General Kristen Clarke of the Justice Departments Civil Rights Division. at 15). Vehicle was already sent to auction (after I had already made the payment to Santander) Contacted auction (1.5 hours away from where I live) and was told I could get the vehicle . I always stayed in contact with them. On Jan. 14, attorneys with the firm of Edelson P.C., of Chicago, filed the complaint in Cook County Circuit Court against Dallas-based Santander. Our firm has represented numerous consumers before the American Arbitration Association. 3, ECF 1-7), Defendant disagrees. 2019 and have not yet had their cars repossessed, Santander is required to allow them to keep . The June 27, 2022 deadline to request a reissue of your check has passed. LEXIS 47905 (S.D. 3, 6, ECF 1-7). Hey Tkame! Our primary firm address is Kneupper & Covey PC | 4475 Peachtree Lakes Dr. Berkeley Lake GA 30096. Feb. 25, 2015. The settlement also requires Santander to waive the deficiency balances on certain loans currently owned by Santander, totaling approximately $433 million in loan forgiveness. This is why you should file a lawsuit. The company is required to pay $65 million in restitution. But the bulk of the settlement $478 million . Jacksonville, Forth Worth, TX. 9625(c)(2) provides that the recovery of minimum statutory damages is designed to ensure that every noncompliance with the requirements . One Auto Fin., No. In 2014, it was repealed and recodified in Chapter 62 of Title 12 of the Pennsylvania Consolidated Statutes. I had a 2007 Jeep Commander that was purchased in Feb. 2015 and was repossessed due to the vehicle being sold with major electrical issue and flooding due to a windshield being improperly mounted. (Id. Plaintiffs note that the Post-Sale Notices they received after Santander sold their repossessed vehicle listed these fees as $0.00, evidencing that Santander either listed an inaccurate amount or never incurred the storage expense. Santander Consumer USA Inc. has agreed to pay at least $9.35 million to resolve a lawsuit by the Department of Justice alleging that the motor vehicle lender violated the Servicemembers Civil Relief Act (SCRA), the Justice Department announced today. Two Supreme Court decisions provide high-level guidance. Recently, consumers have complained that Santander has been violating laws pertaining to repossessing vehicles, denying consumers the right to reinstate or redeem their contracts after repossession, illegally trying to collect account deficiencies, and reporting deficiency balances to credit reporting agencies. (Id. So-called repeat player law firms that regularly arbitrate have a huge advantage and tend to win more cases. (Id.). at 4). Id. . We are determined to uphold this important law.. (Compl. Acting Assistant Attorney General Vanita Gupta commented, Those who answer this nations call to duty understandably have much on their minds while they are in military service. Pa. May 20, 2003) (Schiller, J.) v. Boockvar, 370 F.Supp.3d 449, (M.D. Restitution will be paid to over 265,000 consumers. 36. The Kellys allege inaccurate amounts required to redeem possession of their vehicles and Defendant sending a fictitious storage expense statement. Under 28 U.S.C. "Santander knowingly put Arizonans into loans they couldn't afford, setting them up for years of financial hardship. Stat. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. Defendant contends that Plaintiffs' deliberate failure to plead a concrete injury does not negate the factual allegations in Complaint that support an injury-in-fact. Calling you too late at night or too early in the morning, or calling you too many times. Crucial to the analysis was the fact that the FDCPA was meant to protect individuals from being the target of misleading debt collection communications, ' and to prevent the types of risks that flow from the misrepresentation of a consumer's legal rights. Having a lawyer helps you win your arbitration. Defendant removed that case to our district under the Class Action Fairness Act (CAFA). I did send in my information when the postcard was received at my home but never heard anything from them. No one received it . Car repo'd on Tuesday 7/26/2016. Defendant moved to dismiss the complaint for lack of subject matter jurisdiction, arguing that plaintiff did not have standing. Decisions determining jurisdiction under Rule 12 are relevant to deciding a Motion to Remand. Checks were distributed on June 8, 2021. 35. Defendant again removed the case to this district, and Plaintiffs now move to remand the case to state court. 9652(c)(2) allows consumer-debtors to recover statutory damages equal to the credit service charge (finance charge) plus 10% of the principal amount of the obligation (amount financed). Cal. Santander Consumer USA, Inc. has been hit with a proposed class action lawsuit in Arkansas over allegations the lender charged illegal "pay-to-pay" fees to consumers who attempted to make loan repayments online or over the phone. I am left with not option than try to resolve this issue by other means. If you are still doing settlement I hope you can get them to either pay me back for 10;000.00 worth of intererst or the ability to get another car. Plaintiffs dispute that figure. CIV.A. When repossession can happen: Your creditor must send you a notice 10 days after a missed payment notifying you of the default. And Santander regularly enforces its arbitration clauses if you try to file a lawsuit. ( Id.) Santander seems to have a particular problem with its consumer auto loans, including debt collection, repossession, and credit reporting. Theyve had legal issues before, and most notably Santander settled a $550 million multistate investigation by various state attorney generals into their subprime lending practices, including the attorneys general of California and Georgia. As long as the police merely stand by to keep the peace, it's probably not illegal. Co. v. Nash, 502 A.2d 1254, 1263 (Pa. 1985). (Pls.' Harassing you, for example by making your phone ring repeatedly. The Court found that he did not. Please give us a call at [protected]. at 7, 29). Santander is a nationwide bank that purchases retail installment sales contracts through vehicle dealerships. Id. Thorne, 980 F.3d at 886. A leading case on statutory violations and standing reiterates that the actual or threatened injury required by Art. (Compl. If the company is negligent or disregards laws governing repossessions, then its possible that it engages in similar behavior in other states. Online complaints accuse Santander of not properly applying payments, charging so much interest that principal scarcely goes down, and reporting to credit agencies that autos were repossessed even when they were almost immediately returned. In dismissing the plaintiff's complaint, the court held that. I have to check but I could not understand why i didnt remember to include that 70 cents but according to santander it qualified me to have my car repoed because instead of being at only 75 days past due i was at 109 days because that payment was not valid since I left off the 70 cents. Official websites use .gov The court elaborated that [t]he actual collection of a fee in violation of [the Fair Debt Collection Practices Act] demonstrates concrete harm and is not merely a procedural violation. Id. . Id. 2006) (citing St. Paul Mercury Indem. The contours of the injury-in-fact requirement, while not precisely defined, are very generous, requiring only that claimant allege some specific, identifiable trifle of injury.) (internal brackets and quotation marks omitted). Before this Court is Plaintiffs' Motion to Remand. If they would have waited until the deadline they would have their money. Please provide any additional information about your inquiry. 03-1612, 2003 WL 21204467, *2 (E.D. at 4-5). Pa. Feb. 10, 2021). They argue that Santander sampled 1, 000 accounts-which may have included some subject to mandatory arbitration-but did not focus on data from the putative class. Santander Consumer USA - Inaccuracies on account and credit report In 2020, my car was totaled by a storm. Sometimes big lenders have wound up on the hook for repos gone awry. art. The lender is set to pay consumers $65 million in restitution. This settlement holds Santander accountable and provides thousands of Arizona consumers with much-needed financial relief." . I am on unemployment ( due to Covid) and was never asked any questions of my income. Sending debt collection letters that contain misstatements or misrepresentations, such as misstating the amount of the debt, falsely claiming that the sender is lawyer, or threatening to take action that the sender cant legally take. 2, 5). Took $150 fee needed to get vehicle. at 13-15, 59, 62, 69). at 7-9). The prelude to this entire lawsuit is the allegation that many individuals have had their vehicles repossessed. The bank has recently been under scrutiny by the Federal Reserve for its lending practices and has settled claims in some states. No. . This complaint was posted by a verified customer. Your email address will not be published. For example, a customer without a lawyer tried to sue them in federal court in Augusta, Georgia in March 2021and was forced to arbitrate. Although Plaintiffs have specifically disclaimed any injury-in-fact, and their Complaint explicitly notes it was crafted . White v. Santander Consumer United States, Inc., No. (Id. Id. 8. Defendant filed a Response and Plaintiffs Replied. AG's Office Recovers $5.56 Million From Subprime Auto Lender, Secures Debt Relief for Consumers Settlement Resolves Allegations That Santander Consumer USA Failed to Provide Post-Repossession Information to Consumers; Includes Debt Relief and Credit Repair for Eligible Borrowers For immediate release: 2/18/2022 at *4-5. Captain McDowell entered into a three-year lease in October 2017 for a Jeep Grand Cherokee, but he learned in May 2019 that he was going to be deployed to Afghanistan. (Id. In addition, you can receive a free car title if you are unable to pay back the rest of your loan. 2017) (single prerecorded telephone call was violation of TCPA and legally cognizable, intangible injury, because Congress elevated common law intrusion upon seclusion claim). In remanding the case to the Ninth Circuit for further analysis, the Court discussed the principles of standing in the statutory violation context. 3:16-cv-00744-AC, 2018 WL 1521892, *4 (D. Ore. Mar. This will help you avoid the loss of your home. Kamal held that the defendant's alleged violation of FACTA is a bare procedural violation' that does not create Article III standing. Id. (Id. In another lawsuit in Atlanta, Georgia, a plaintiff sued in court and alleged that Santander made misrepresentations regarding financing and the lien holder Santander Consumer USA moved to compel arbitration and won.