FRESNO – Several California consumers are challenging a fee imposed on payments made online or over the phone.
Vicki Blakely, Steven Lawson, Christy Mitchell, et al. filed a complaint on behalf of themselves and all others similarly situated on June 6 in the U.S. District Court for the Eastern District of California, Fresno Division against Santander Consumer USA Inc. alleging violation of the Rosenthal Fair Debt Collection Practices Act.
According to the complaint, the plaintiffs allege that they and other similarly situated consumers who purchased vehicles in consumer credit transactions serviced by the defendant have suffered a financial loss as a result of the unlawful business practices of the defendant. They allege the defendant partners with third-party processor Western Union for online or over-the-phone payments and that Western Union demands an additional fee for using the service. They allege a portion of this is remitted back to the defendant.
The plaintiffs hold Santander Consumer USA Inc. responsible because the defendant allegedly violated the RFDCPA by charging the fee.
The plaintiffs request a trial by jury and seek judgment against defendant, award of compensatory and statutory damages, attorneys’ fees and costs, and further relief as the court may deem fair. They are represented by Benjamin P. Tryk of Tryk Law PC in Fresno.
U.S. District Court for the Eastern District of California Fresno Division case number 18-cv-01647