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Santander 30% Settlement offer Letter and Lawsuit...searching for outcome???

The last post in this topic was posted 836 days ago. 

 

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Hello,

 

 

 

I came across this proposed class action lawsuit against Santander (vs. Anderson) 2017-regarding the 30% Settlement Letter "...that supposedly violates the Fair Debt Collection Practices Act (FDCPA) because it falsely implied that the settlement offer was valid only if payment was received before a certain date.  In truth, claiming the the proposed settlement deal was a a "limited time offer" is considered misleading to the least sophisticated consumer, according to the suit." 

 

I received this letter.  Just curious of the outcome as it seems it was dismissed and Anderson won???   I am not sure from reading the legal documents in the link.

Thoughts????

 

https://www.classaction.org/news/santander-consumer-usa-others-knocked-with-class-action

 

 

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Dismissed with prejudice in mid-August following the withdrawal of the Motion for Class Certification.  This had followed a 'successful mediation' of the dispute.

 

Reading the pleadings, it would seem that Anderson had a history of agreeing to things and not following through.  Multiple replevin actions in the case...

 

Since it was never certified as a class, then that means anyone who got a letter and would otherwise have been inclined to pay in order to close out their defaulted debt will be on their own to pursue an action...there are also issues unique to Anderson that don't apply to MOST consumers who walked an amount to Santander.

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The whole theory of that suit sounds weak to me.  Every offer I've ever seen has similar wording; pay such and such amount by such and such a date and you're good to go. The person making the offer gets to name the terms.   I'm pretty creative with the FDCPA, and I've written a lot of complaints against debt collectors, but even I wouldn't bother with this theory. Sounds like a sure loser. There was also a case involving Santander in the 2nd circuit declaring them not to be third party debt collectors, hence not even subject to the FDCPA.

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