District Court Procedures
The FTC filed an issue against Lanier, Robles, Rennick, Lanier Law, plus the D.C. organizations, alleging they had marketed and offered home loan help relief solutions in breach of part 5(a) for the Federal Trade Commission Act (FTCA), 4 the Mortgage Assistance Relief solutions Rule (legislation O) (MARS Rule), 5 additionally the Telemarketing product Sales Rule (TSR). 6 particularly, the FTC alleged the defendants had misrepresented their capability to acquire home loan adjustments, charged consumers advance fees, did not consist of needed disclosures in their communications, initiated calls in violation associated with TSR, and neglected to spend the mandatory charges to gain access to the nationwide Do-Not-Call list.
The FTC relocated for summary judgment, therefore the region court granted the movement. The court figured the defendants violated part 5 for the FTCA by simply making product misrepresentations that caused significant customer damage and also by breaking the MARS Rule together with TSR. The region court determined that the defendants violated the MARS Rule once they demanded and received charges due to their services just before performing any work; misrepresented the probability of acquiring that loan modification, specially pertaining to reductions in monthly payments, rates of interest, and major balances; and did not make disclosures that are proper. Finally, the court determined that Lanier ended up being independently accountable for the functions associated with the business entities. 7 The district court determined that their authority and control of the defendants along with his understanding of their practices put him “squarely in the center for this enterprise that is deceptive” making him individually accountable for the misconduct. Purchase at 72-74 (Doc. 281).
On August 12, 2016, the region court joined a permanent injunction against Lanier and their co-defendants. The region court additionally joined judgment in support of the FTC into the level of $13,586,713. This will be Lanier’s appeal. 8
Appellate Procedures
On October 10, 2016, Lanier filed a notice that is timely of, by which he known himself while the entities comprising Lanier Law while the “Lanier Defendants”:
Defendant, Lanier Law, et al., hereinafter the “Lanier Defendants,” hereby appeals towards the united states of america Court of Appeals for the Eleventh Circuit from the last judgment of this District Court dated August 12, 2016 while the purchase of July 7, 2016 ․
Notice of Appeal (Doc. 303). Following the appeal had been docketed, Lanier attempted to enter an look on the behalf of 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 bar have been rejected.
In reaction, on 29, 2016, Lanier filed an amended notice of appeal in the district court november:
Defendant, Michael W. Lanier, Esq, separately, ․ hereby appeals towards the united states of america Court of Appeals for the Eleventh Circuit ․ Lanier is admitted to rehearse ahead of the Federal District Court, but ended up being rejected admission to rehearse into the 11th Circuit Court of Appeals also as pro vice that is hac here.
Am. Notice of Appeal (Doc. 309). In a letter into the Court, Lanier explained that their amended appeal was meant to “reflect” which he would “represent himself, pro se, and that none associated with corporate (Lanier) defendants would join him when you look at the appeal.” Lanier Law had been then dismissed through the appeal.
Although the appeal https://badcreditloanshelp.net/payday-loans-in/plainfield/ had been pending, this Court asked the events to handle whether Lanier’s 29, 2016, amended notice of appeal was timely to appeal from the district court’s final judgment on behalf of Lanier personally november. After briefing by both events, the Court determined it was maybe maybe maybe not, but reserved the concern of whether Lanier’s October 10, 2016 notice with respect to “Lanier Law, et al.” perfected their appeal inside the individual ability.