USAA Called Salon Owner 100 Times After She Told Them to Stop, Lawsuit Claims

The USAA Federal Savings bank engaged in a “systematic calling campaign” against an Arkansas salon owner, often calling her multiple times a day and causing her extreme stress, a new lawsuit alleges.

In a complaint filed Tuesday in the District Court of Nevada, Arkansas resident Kristine Vargas alleges USAA violated the Telephone Consumer Protection Act (TCPA) and invaded her privacy by calling her at least 100 times starting in June 2020.

Vargas said USAA first started calling her in February last year to “collect an alleged debt.” She told a representative she was having financial difficulties due to a divorce and COVID-19 interfering with her work schedule, and asked to only be contacted by mail.

She said the calls stopped for a few months, but then began again in a flurry in June, with USAA calling her multiple times per day including weekends, with about 100 calls in total.

Vargas believes USAA was using an automated dialing system, which is broadly banned under the TCPA, because she heard a short pause before the agent would speak or received a pre-recorded message.

Vargas said, as a salon owner, that she uses her phone for her business — a line that was disturbed by the calls. 

“[Vargas’] business was hard hit by the COVID-19 pandemic making it nearly impossible for her to keep up with her bills. Each phone call was a reminder of her failing business and inability to meet her obligations,” the lawsuit states.

Vargas said when USAA called during work hours, it also caused her “extreme stress” which in turn affected her work performance. She said the bank also called her friends and family with the intention of causing her distress and forcing her to pay the debt.

“[USAA’s] conduct was especially unreasonable because it called relentlessly after Plaintiff explained why she could not pay and requested to be contacted only by mail,” the lawsuit states.

Vargas is suing the bank for violations of the TCPA, seeking damages of $500 for every violation of the act, and $1,500 for every knowing violation of the act. She’s also suing for invasion of privacy. 

She’s seeking a judgement that the bank violated the TCPA, damages, interest and a jury trial. 

It’s been three decades since the TCPA became law, and it’s poised to get a lot of attention in 2021 because of another year of Supreme Court activity. Read more about what that may mean for consumers here. 

Meanwhile, in 2019, USAA faced a lawsuit from a woman claiming it charged her an NSF return item fee three times by continually resubmitting the item for payment. She later reached a confidential settlement with the bank.

What do you think of USAA’s alleged conduct? Let us know in the comments! 

The plaintiff is represented by Steven A. Alpert of Price Law Group, APC. 

The USAA Federal Savings Bank Lawsuit is Kristine Vargas v. USAA Federal Savings Bank, Case 2:21-cv-00519, in the United States District Court District of Nevada.

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