FRESNO – A Fresno consumer alleges a national bank ignored her request to stop contacting her via phone.
Erica Reed filed a complaint on July 24 in the U.S. District Court for the Eastern District of California against USAA Savings Bank alleging violation of the Telephone Consumer Protection Act and the Rosenthal Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that starting July 2017, she received up to two to four calls in a day from agents of the defendant in an attempt to collect on an alleged debt. She alleges in December 2017, she instructed the defendant to cease calling but the calls continued.
The plaintiff holds USAA Savings Bank responsible because the defendant allegedly refused to honor plaintiff's do-not-call request and used an automatic telephone dialing system to contact her.
The plaintiff requests a trial by jury and seeks judgment against defendant for injunctive relief, $500 in statutory damages and $1,500 in treble damages for each and every violation, costs and attorney’s fees and further relief as the court may deem just. She is represented by G. Thomas Martin III and Nicholas J. Bontrager of Martin & Bontrager APC in Los Angeles.
U.S. District Court for the Eastern District of California case number 1:18-cv-00989