District Court Procedures
The FTC filed an issue against Lanier, Robles, Rennick, Lanier Law, additionally the D.C. companies, alleging they had sold and marketed home loan support relief solutions in breach of area 5(a) associated with the Federal Trade Commission Act (FTCA), 4 the home loan Assistance Relief solutions Rule (legislation O) (MARS Rule), 5 additionally the Telemarketing product Sales Rule (TSR). 6 especially, the FTC alleged the defendants had misrepresented their capability to get home loan alterations, charged consumers advance charges, did not add needed disclosures in their communications, initiated calls in breach associated with TSR, and neglected to spend the desired charges to gain access to the nationwide Do-Not-Call list.
The FTC relocated for summary judgment, additionally the region court granted the movement. The court determined that the defendants violated area 5 for the FTCA by simply making material misrepresentations that caused consumer that is substantial and also by violating the MARS Rule therefore the TSR. The region court determined that the defendants violated the MARS Rule once they demanded and received costs with regards to their solutions ahead of doing any work; misrepresented the possibilities of acquiring that loan modification, particularly with regards to reductions in monthly premiums, rates of interest, and major balances; and neglected to make disclosures that are proper. Finally, the court determined that Lanier had been independently accountable for the functions for the entities that are corporate. 7 The region court determined that their authority and control of the defendants along with his understanding of their methods put him вЂњsquarely during the center of the enterprise that is deceptiveвЂќ making him individually responsible for the misconduct. Purchase at 72-74 (Doc. 281).
On August 12, 2016, the region court joined a permanent injunction against Lanier along with his co-defendants. The region court also joined judgment and only the FTC into the level of $13,586,713. This can be Lanier’s appeal. 8
On October 10, 2016, Lanier filed a prompt notice of appeal, by which he known himself additionally the entities comprising Lanier Law whilst the вЂњLanier DefendantsвЂќ:
Defendant, Lanier Law, et al., hereinafter the вЂњLanier Defendants,вЂќ hereby appeals into the usa Court of Appeals for the Eleventh Circuit through the last judgment of this District Court dated August 12, 2016 in addition to purchase of July 7, 2016 вЂ¤
Notice of Appeal (Doc. 303). Following the appeal ended up being docketed, Lanier attempted https://badcreditloans4all.com/payday-loans-nh/rochester/ to enter a look with respect to himself and Lanier Law in this Court, however the form was returned by the Clerk unfiled because Lanier’s application for admission within the Eleventh Circuit club have been rejected.
As a result, on 29, 2016, Lanier filed an amended notice of appeal in the district court november:
Defendant, Michael W. Lanier, Esq, individually, вЂ¤ hereby appeals towards the united states of america Court of Appeals for the Eleventh Circuit вЂ¤ Lanier is admitted to train ahead of the Federal District Court, but had been rejected admission to train within the 11th Circuit Court of Appeals also as pro hac vice admission here.
Am. Notice of Appeal (Doc. 309). In a page into the Court, Lanier explained that their amended appeal was meant to вЂњreflectвЂќ he would вЂњrepresent himself, pro se, and therefore none associated with corporate (Lanier) defendants would join him within the appeal.вЂќ Lanier Law ended up being dismissed through the appeal.
Even though the appeal ended up being pending, this Court asked the events to handle whether Lanier’s November 29, 2016, amended notice of appeal ended up being prompt to allure through the region court’s last judgment with respect to Lanier actually. Following briefing by both events, the Court determined it was maybe perhaps perhaps not, but reserved the concern of whether Lanier’s October 10, 2016 notice on the part of вЂњLanier Law, et al.вЂќ perfected their appeal in their personal capability.