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.

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.
Originally posted on F&I and Showroom
More Dealer Ops

Ladies and Gentlemen, This Is a Dealership: Why the Fundamentals Still Decide Who Wins
A teaching moment by a legendary football coach happens to apply perfectly in the auto retail space. Learn what it is and how to use it to your store’s advantage.
Read More →
Timing the Market Can Hurt Long-Term Program Performance
For dealer-owned reinsurance entities, avoiding volatility entirely can mean falling behind inflation and missing market rebounds that drive long term surplus growth. Missing just a handful of strong market days can materially impact cumulative returns—an important reminder for long horizon trust and investment strategies.
Read More →
Dealer Ads and the FTC
The agency has made it clear in recent enforcement actions and warnings, in auto retail and other industries, that advertised prices must include all nonoptional costs to the consumer.
Read More →
Used Autos Supply Dwindles
The March shopping surge, despite high prices, cut into inventory by the most since the thick of the pandemic, Cox Automotive analysts calculated.
Read More →
Managing Risk Effectively Through Changing Times
The variables influencing risk pricing have changed significantly over the past five years. Being proactive and responsive to emerging trends is not optional but essential.
Read More →
Survey Reveals What Won't Fix What's Breaking Car Sales
AutoPayPlus says extra-long auto loans are trapping consumers and threatening the dealer trade-in cycle, and that the industry is leveraging the wrong tools to combat high MSRPs.
Read More →
IA American Appoints Two Execs
Senior vice presidents of the company's agent and dealer channels chosen to support general agents and help auto dealers with sales and performance.
Read More →
Cox Automotive Acquires Inspection Firm
Full ownership of Alliance Inspection Management, or AiM, meant to unlock growth for Manheim inspection capabilities
Read More →
Assurant Expands Partnership With Holman
Extended collaboration delivers training, products and performance development to 30 newly acquired Holman dealerships
Read More →
Franchises, Throughput Down in First Half
A handful of states see franchise growth through June, while EV sales per store boost overall business in U.S.
Read More →