auto dealer in black and red logo
MenuMENU
SearchSEARCH

HSBC to Pay $434,500 for SCRA Violations

The Justice Department announced that HSBC Finance Corp. has agreed to pay $434,500 to settle charges that its vehicle repossession practices violated the Servicemembers Civil Relief Act (SCRA).

by Staff
August 11, 2016
3 min to read


WASHINGTON, D.C. — The Justice Department today announced that HSBC Finance Corp. has agreed to pay $434,500 to settle charges that it violated the Servicemembers Civil Relief Act (SCRA) by repossessing 75 cars owned by protected servicemembers without obtaining necessary court orders.

The settlement comes more than a year after the department entered a settlement with Santander Consumer USA — which purchased HSBC’s car lending operations — in February 2015. An investigation into Santander’s repossessions practices found that HSBC had sold Santander the right to collect debts owed by servicemembers after their cars had been repossessed by HSBC without court orders. Once the Justice Department caught wind of this, it pursued legal action against Santander, which agreed to a $10.5 million settlement to compensate affected servicemembers.

Most of the servicemembers who will be compensated as part of the HSBC settlement will also received partial compensation from the Santander settlement. Any servicemember who received compensation from that settlement will receive an additional $5,500 as part of this settlement. Servicemembers who were not part of the Santander settlement will receive $11,000.  

“HSBC repossessed cars without taking into account their owners’ ongoing service to our country,” said Principal Deputy Associate Attorney General Bill Baer. “This settlement rights this wrong, compensates the affected servicemembers and honors our commitment to making sure military members are treated fairly at all times.”

According to the Justice Department’s investigation, HSBC conducted repossessions without court orders, even when it had evidence that suggested the possibility a borrower could be a protected servicemember. In one instance, HSBC repossessed a vehicle after learning that an initial attempt was unsuccessful because guards would not allow its repo truck to enter a secured military post in Indiana where the car was located.

The SCRA protects servicemembers against certain civil proceedings that could affect their legal rights while on active duty, according to the Justice Department. Per the SCRA, any repossession against a servicemember must be reviewed and approved by a court if the servicemember took out the loan and made a payment before entering military service.

A court may delay the repossession or require the lender to refund prior payments before repossessing. The court may also appoint an attorney to represent the servicemember, require the lender to post a bond with the court and issue any other orders it deems necessary to protect the servicemember, according to the Justice Department.

When HSBC failed to obtain a court order before repossessing servicemembers’ vehicles, it prevented servicemembers from possibly having their repossessions delayed or adjusted to account for their military service, the Justice Department noted.

“Servicemembers should never have to worry that they will lose their cars while they answer our nation’s call to duty,” said Principal Deputy Assistant Attorney General Vanita Gupta. “HSBC should have heeded these concerns before repossessing vehicles. I commend the company for working cooperatively to reach an appropriate resolution once the department raised the issue.”

This settlement covers repossessions that occurred between 2008 and 2010. HSBC Auto Finance Inc. originated and serviced car loans until it sold his auto finance operations and assets to Santander Consumer USA Inc. in 2010. The settlement is subject to approval by the U.S. District Court of the Northern District of Illinois.

Originally posted on F&I and Showroom

More Compliance

two cars on a billboard, No Hidden Fees
ComplianceMay 1, 2026

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 →
Complianceby StaffFebruary 4, 2026

AAMS Training and Mosaic Compliance Services Merge

The strategic combination is intended to expand technology-driven compliance solutions for the automotive industry.

Read More →
ComplianceOctober 6, 2025

The Jurisprudence of Pricing

Legal concept helps makes sense of California’s recently passed version of the failed federal CARS legislation.

Read More →
Ad Loading...
ComplianceJuly 17, 2025

Trump 2.0 and Enforcement Priorities

The upshot is don’t relax, because regulation indeed continues.

Read More →
Blue and white Automotive Service Professionals logo presented over a blue background with various wrench tools.
Fixed Opsby StaffJune 11, 2025

June Is Automotive Service Professionals Month

Observance is opportunity to thank technicians for their crucial role in auto retail.

Read More →
Complianceby StaffJanuary 30, 2025

Cox Automotive Releases Compliance Guide

New edition walks auto dealers through relevant regulations for 2025.

Read More →
Ad Loading...
Complianceby StaffDecember 24, 2024

Trump 2.0 and Retail Automotive

Administration’s plans should generally bode well for the industry.

Read More →
Complianceby StaffOctober 17, 2024

CARS Rule Update: 5th Circuit Oral Arguments Recap

In this video, Jim Ganther of Mosaic Compliance Services, recaps the key takeaways from the oral arguments in the critical CARS Rule case, including potential outcomes and what dealers should do to stay ahead of compliance changes.

Read More →
ComplianceSeptember 19, 2024

State of the CARS Rule, Part 3

The players in the automotive industry should coordinate their responses to this pending regulation.

Read More →
Ad Loading...

The Future of Car Dealer Documents

Where forms, documents, agreements and contracts could be in 50 years.

Read More →