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Clark:

I believe my rights have been violated and want to know what to do about it.  What can I do about it?

I just don't belive this should be what anyone should be expected to go through.  Below is my letter to General Jose Robles, USA (Ret.) chairman of USAA Febderal Savings Bank.

General Joe Robles USA (Ret)

C/O USAA

9800   Fredericksburg Road
San Antonio, TX  78288:

General:

I see the thriving organization you have become, I once was proud to be a 25-year member, now I cannot wait to get away from my association with you. 

I did trust USAA and USAA betrayed that trust.  I refuse to retreat here and I am taking a stand, either with direct correspondence with you or via the media.  I tried using he chain of command but it is broken your subordinates appear to be unaccountable and or lacking in integrity.  In leadership, we learned to develop a sense of responsibility in your subordinates.  I have to say in trampling my rights as a citizen, you have made me feel like I am no longer a welcome member of USAA. You have blatantly violated my Title VIII rights and I would like to resolve this amicably.  I have been fighting to talk to someone who actually cares and to be honest no one seems to want to take ownership.  I learned no to back down from a fight, this is one where I will not back down from. 

The following was the string of communication between myself and a Mr. Stillman, your employees find their actions to be justified, I find it degrading:

Response from Me: 12/1/2009

Mr. Spilman;

I am not sure what your title is at USAA.
You are correct My privacy Act was not violated however my rights versus Title VIII Debt collection laws have been violated:
Title VIII Section 805.

Communication in connection with debt collection
COMMUNICATION WITH THIRD PARTIES. --Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post judgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.
You violated this by communicating with someone other than the consumer by talking to my ex wife of over a year. She was not my spouse. Numerous communications with USAA were made about this. I did not give you consent to call her OR HER PARENTS !!!

John Gordon Hudson

Response from USAA 12/1/2009 (2)

Dear Mr. Hudson,

Thank you for your recent correspondence. Your account has been notated with the information you provided. As stated in the previous email, your rights were not violated, as none of your account information was provided to any third party we contacted in attempts to contact you. Again, we apologize for any inconvenience this may have caused you. Please contact our office at 1-800-531-2265 if you need additional assistance regarding this matter.

We value your business and the opportunity to serve all your financial needs.

Thank you,
Richard Spilman
USAA

Dear Mr. Hudson,

Thank you for your recent correspondence. Your account has been notated with the information you provided. When an account becomes past due, we are permitted to contact known relatives/acquaintances in attempts to contact the accountholder and is not a violation of privacy, as we do not disclose account information. In reviewing your account, you were put on a 12-month reduced payment program on 5/25/09 reducing your payment to 1% of the balance for $177.00/month, reducing the APR to 0%, and preventing late fees from accruing. In addition, if you believe part or all of the balance is due to fraudulent charges, you may file a fraud claim with the fraud department to open an investigation.

We value your business and the opportunity to serve all your financial needs.

Thank you,
Richard Spilman
USAA

From John Gordon Hudson 11/29/2009:

Account number Credit card 5491237107608591
I have a long history with USAA Insurance and Banking. As of 11/30/2009 it will begin come to an end.
I told your representatives several months ago that I would do this and now it has come to my leaving a firm I have done business with for 26 years.
Your lack of corrective action in the incident violating my privacy act rights by USAA Federal Savings Bank Credit Card Services has led to my defection. You have had six months to do something an you have done nothing.
On or around May 6, 2009, I received a cell phone call from Credit card services. I was working at a client site at 0954 EST in the middle of a factory floor where the noise level is above 100 decibels. I could not answer so I let it go to voice mail. I had planned to call back I knew who it was and would return the call. Within ten minutes, I received a phone call from my Ex wife (we had been divorced for over a YEAR) and my Ex wifes Attorney. Wondering why my credit card company was calling My Ex wife and her parents!
You see, for the five months before that date, due to the state of the economy, I was told to take a pay cut. I was paying around 200.00 a month in payments and then my credit card rates tripled and you wanted around 800.00 a month. I did not have the funds.
Your credit card people were merciless and wanted me to go to counseling or bankruptcy, something some one in my line of work cannot do. I sent what I could every month. You continued to report me late and the late fees and interest rates accumulated.
To make this instance worse, the debt on the credit card bill is all hers, the last charge on the account is a trip she took with her parents and her kids to Costa Rica after she threw me out of the house. She had forged my signature. We were still married and the account is in my name. I am responsible for the bill.
That aforementioned day, your credit card personnel, went into my Personal USAA Membership Profile and took the phone numbers of those affiliated with me and after not being able to talk to me directly, called my ex wife and her parents. This is a huge violation of my privacy act; the request is not in connection with a law enforcement investigation. You had no warrant versus me.
Your representative proceeded to call them and tell them WHY they were looking for me. That is a direct violation of my privacy act rights under the 1974 Federal Law.
I complained to the Federal Savings Bank and was give a few halfhearted apologies and we retained our personnel action plan statements, which I do not believe. I call that a band aid corrective action. In my line of work, which deals extensively with corrective and preventive actions, as well as information security standards, this is a major non-conformity.
You see I am the one left holding a bigger mess than just embarrassment. I was trying to make some consistent payments of my bills and while following the year old court order from my divorce to get my ex-wife off of my mortgage which is impossible until I get a clean credit bill from Federal Savings bank who has reported me late ever since and continues to do so. Is this putting your members first or putting them in front of you like cannon fodder? I have had NO help from the bank or insurance company or ANY APOLOGY from any one in any executive position, I am sure that would be different if I was an O-5 in the military but I was not.
I still have a home loan from GMAC and a Car loan with the bank. As soon as I can remove myself from those loans, I will do so. You did little to help me or correct what you did, not even a letter telling me NUTS. To say I am disappointed is an understatement.

I require future corrective actions to be taken and then I may proceed to file a formal complaint with the state attorney general.”  “I apologize but I meant to say if these actions are not followed, I will file a complaint with the attorney general of my state.

Remember that you should “Develop a sense of responsibility in your subordinates”  I cannot see that was ever done in my case. 

In your email you state; “Now, more than ever, military families deserve access to the financial solutions that USAA has to offer, along with our legendary service. In the coming year, we hope that you will turn to us, if you have not already, for all your financial services needs and encourage others to do the same.

I guess that does not apply to those who have real problems and cannot keep up with your quadrupling payments to those members who have endured a pay cut or have been stricken with a disability.  You have done nothing more than to make me feel like my business is not welcome since I no longer have sterling credit.

“Enabled by USAA's financial strength, we are extending membership to anyone who has ever honorably served in the U.S. Armed Forces, regardless of when they served. If you know someone who may be eligible, please share USAA and let them know the benefits of membership.”

I know many veterans that have not joined USAA.  I will not refer them to you.  In good conscience, I cannot do so.

So, Before you pat yourselves on the back for that extra $50 in our subscriber’s dividends (in the past 15 years your normal distribution has been about $100.00) , there are a lot of us that need more help. It seems a paltry sum considering your federal savings bank violated my credit card collection rights and could care less about it.  You may think that this token gesture is looking out for the welfare of your members but it does little to help them. 

“We are honored to serve you and thank you for your membership. “I wish I could believe that.”

You always end your calls with; “Thank you for trusting USAA”  I wish I could believe that.

Regards:

John Gordon Hudson

Member Number 3455798

If I had went through an amicable separation with my ex wife, this would not be an issue but she wrecked my credit and left me with a huge bill to pay and a court order to refinance an upside down house.  Oh yeah, did I tell you she owes me 7500.00 in restitution?

Best regards:

John Hudson