District Court Procedures
The FTC filed a grievance against Lanier, Robles, Rennick, Lanier Law, together with D.C. companies, alleging which they had sold and marketed home loan assistance relief services in breach of part 5(a) associated with the Federal Trade Commission Act (FTCA), 4 the home loan Assistance Relief solutions Rule (legislation O) (MARS Rule), 5 while the Telemarketing product Sales Rule (TSR). 6 especially, the FTC alleged the defendants had misrepresented their capability to have home loan changes, charged consumers advance charges, did not add disclosures that are required their communications, initiated calls in breach associated with TSR, and did not spend the desired charges to get into the nationwide Do-Not-Call list.
The FTC relocated for summary judgment, in addition to region court granted the movement. The court determined that the defendants violated area 5 regarding the FTCA by simply making product misrepresentations that caused consumer that is substantial and also by breaking the MARS Rule therefore the TSR. The region court determined that the defendants violated the MARS Rule if they demanded and received costs due to their solutions ahead of doing any work; misrepresented the chances of acquiring financing modification, specially with regards to reductions in monthly premiums, interest levels, and major balances; and neglected to make disclosures that are proper. Finally, the court figured Lanier ended up being independently responsible for the functions associated with the entities that are corporate. 7 The region court determined that their authority and control of the defendants and their understanding of their methods placed him “squarely in the center of the enterprise that is deceptive” making him individually accountable for the misconduct. Purchase at 72-74 (Doc. 281).
On August 12, 2016, the region court entered a permanent injunction against Lanier and their co-defendants. The region court additionally joined judgment and only the FTC within the level of $13,586,713. This will be Lanier’s appeal. 8
Appellate Procedures
On October 10, 2016, Lanier filed a timely notice of appeal, by which he known himself additionally the entities comprising Lanier Law once the “Lanier Defendants”:
Defendant, Lanier Law, et al., hereinafter the “Lanier Defendants,” hereby appeals into the united states of america Court of Appeals for the Eleventh Circuit through the last judgment of this District Court dated August 12, 2016 additionally the purchase of July 7, 2016 ․
Notice of Appeal (Doc. 303). Following the appeal ended up being docketed, Lanier attempted 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 into the Eleventh Circuit bar was indeed rejected.
In reaction, on November 29, 2016, Lanier filed an amended notice of appeal within the region court:
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 train prior to the Federal District Court, but had been rejected admission to apply bad credit payday loans Tempe Arizona in 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 “reflect” which he would “represent himself, pro se, and therefore none regarding the corporate (Lanier) defendants would join him within the appeal.” Lanier Law ended up being dismissed from the appeal.
Even though the appeal had been pending, this Court asked the events to deal with whether Lanier’s November 29, 2016, amended notice of appeal had been prompt to charm through the region court’s last judgment with respect to Lanier really. After briefing by both events, the Court determined it was perhaps perhaps not, but reserved the concern of whether Lanier’s October 10, 2016 notice with respect to “Lanier Law, et al.” perfected their appeal in their personal capability.