MenuMENU
SearchSEARCH

CFPB Says Santander Violated Fair Lending Laws

The CFPB has notified the Department of Justice that Santander Consumer USA’s auto lending practices have allegedly violated fair lending laws, according to a regulatory filing.

August 11, 2015
CFPB Says Santander Violated Fair Lending Laws

 

2 min to read


DALLAS — On Monday, Santander Consumer USA revealed in a regulatory filing that it could face regulatory scrutiny from the Department of Justice (DOJ) regarding its dealer participation policies.

On July 31, according to the filing, the Consumer Financial Protection Bureau (CFPB) notified Santander that it had alerted the DOJ to what it considers to be violations of the Equal Credit Opportunity Act (ECOA). The bureau alleges that the auto loans purchased by Santander from dealers contained “statistical disparities in markup” charged to minority borrowers.

The CFPB also noted that the “treatment of certain types of income” in the finance source’s underwriting process could be at odds with the ECOA.

“The company does not believe that there are any proceedings, threatened or pending, that, if determined adversely, would have a material adverse effect on the consolidated financial position, results of operations, or liquidity of the company,” the filing read, in part.

Santander paid $9.35 million in February to resolve a DOJ lawsuit charging that its vehicle repossession practices violated the Servicemembers Civil Relief Act. Its subprime auto lending business was also the subject of scrutiny by the DOJ and Massachusetts Attorney General Martha Coakley last year.

The finance source noted in its regulatory filing that it has received civil subpoenas from multiple state regulators, and is “complying with the requests for information and document preservation” related to its underwriting and securitization of auto loans.

The CFPB has been targeting multiple finance sources in recent months related to auto lending policies that allow dealers to mark up the interest rate on retail installment sales contracts as compensation for arranging financing for car buyers. The regulator believes that when dealers are given the discretion to mark up interest rates, minority buyers pay more for auto loans than white buyers.

Earlier this month, the Wall Street Journal reported that Fifth Third Bank could be forced to cap the markup it allows dealers to make as part of a rumored settlement with the bureau. Honda Finance Corporation reached a $24 million settlement with the bureau and the DOJ in July, and agreed to lower its markup caps from 2.25% to 1.25% above the buy rate for auto loans with terms of five years or less, and from $2% to 1% on loans with longer terms.

More Auto Finance

A hand holding small burlap money bags next to a toy red car, symbolizing auto financing, loan payments, and dealership profitability.
Auto Financeby StaffNovember 14, 2025

Report Uncovers $4.7B Opportunity for Auto Dealers

Solving mismatched payment quotes can boost sales, profits

Read More →
Industryby Hannah MitchellNovember 10, 2025

Auto Loans More in Reach

October easier to tap despite approval rates falling

Read More →
Industryby Hannah MitchellNovember 3, 2025

Q3 Auto Loans Reveal Stress

Data reflect growing finance activity on the extreme ends of credit risk scale

Read More →
Ad Loading...
Industryby Hannah MitchellOctober 15, 2025

Debt-Strapped Auto Consumers on the Rise

The amounts owed on under-water trade-ins reach new highs.

Read More →
F&Iby Hannah MitchellOctober 10, 2025

Helping the Credit-Crunched

Though many auto consumers are finding it challenging to trade, dealers can leverage conditions to help them get over the hump.

Read More →
IndustryJuly 31, 2025

Auto Borrower Divide Deepens

Recent patterns show good credit helps navigate high interest rates as highly leveraged consumers sink further.

Read More →
Ad Loading...
Industryby Hannah MitchellJuly 10, 2025

Auto Credit Easier to Get

June upticks still came with risky exposures.

Read More →
Industryby StaffJune 12, 2025

Auto Loans a Little Easier to Get

Slight May improvement came with risks to borrowers, lenders.

Read More →
F&Iby StaffJune 5, 2025

Auto Loan Delinquencies Fell in Q1

Experian report shows other shifts, including banks clawing back market share.

Read More →
Ad Loading...
Auto Financeby StaffMay 13, 2025

Auto Credit Picture Muddled

Overall April conditions didn’t benefit the consumer, especially those presenting more risk.

Read More →