TYLER - A Tyler couple has filed a lawsuit against a debt collection agency for making misleading statements that an arrest warrant was issued for their failure to pay a debt.
Eric Obmann and Wanda Obmann filed suit against Audubon Financial Group on Jan. 24 in the Eastern District of Texas, Tyler Division.
The plaintiffs allegedly incurred a debt which was purchased or transferred to AFG for collection. The defendant is accused of violating the Fair Debt Collection Practices Act and the Texas Debt Collection Act by engaging in harassment and abusive tactics including calling Eric Obmann's cell phone on a daily basis.
Eric Obmann states that during the defendant’s initial call, AFG failed to state the true name of its company and identified itself as a “law enforcement debt agency.”
The defendant allegedly also stated there was a warrant out for Wanda Obmann's arrest in connection with the debt. Fearing her arrest, Eric Obmann provided the defendant with his bank account information.
The defendant is also accused of placing a collection call to Eric Obmann's mother.
The lawsuit is seeking an award of actual damages for humiliation, anger, anxiety, emotional distress, fear, frustration, embarrassment, statutory damages, court costs, attorney’s fees and punitive damages.
The plaintiffs are represented by Jody B. Burton of Lemberg & Associates in Stamford, Conn.
A jury trial is requested.
U.S. District Judge Leonard E. Davis is assigned to the case.
Case No. 6:13-cv-00092