Subprime auto lender Santander Consumer USA must face claims that it pressured borrowers into making payments online or over the phone and then charged them illegal “convenience” fees, a federal judge in Chicago ruled. In a decision on Monday, U.S. District Judge Charles Kocoras rejected Santander Consumer USA’s motion to dismiss the proposed class action, saying “a more developed factual record” is necessary before the lawsuit can be ended. To read the full story on WestlawNext Practitioner Insights, click here: bit.ly/29X0MMs
Santander 's motion to a US District Judge to throw out a proposed class action has been denied . As a result , Santander 's auto finance unit is set to face claims that it charged them illegal ' convenience ' payments after allowing borrowers to make payments online or over the phone . The judge noted that a more developed factual analysis of the claims must be presented before the lawsuit can be dismissed .