District Court Proceedings
The FTC filed a problem against Lanier, Robles, Rennick, Lanier Law, while the D.C. businesses, alleging which they had marketed and offered home loan help relief solutions 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) https://badcreditloans4all.com/payday-loans-ma/athol/, 5 together with Telemarketing product Sales Rule (TSR). 6 especially, the FTC alleged the defendants had misrepresented their capability to have home loan adjustments, charged consumers advance charges, did not include needed disclosures in their communications, initiated calls in breach for the TSR, and neglected to spend the mandatory charges to get into the nationwide Do-Not-Call list.
The FTC relocated for summary judgment, and also the district court granted the movement. The court figured 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 plus 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 that loan modification, particularly pertaining to reductions in monthly premiums, interest levels, and major balances; and didn’t make disclosures that are proper. Finally, the court figured Lanier had been independently responsible for the functions of this entities that are corporate. 7 The region court determined that their authority and control of the defendants along with his familiarity with their methods placed him “squarely during 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 joined an injunction that is permanent Lanier along with his co-defendants. The region court additionally joined judgment in support of the FTC within the quantity of $13,586,713. This might be Lanier’s appeal. 8
Appellate Procedures
On October 10, 2016, Lanier filed a notice that is timely of, for which he known himself plus the entities comprising Lanier Law because the “Lanier Defendants”:
Defendant, Lanier Law, et al., hereinafter the “Lanier Defendants,” hereby appeals to the united states of america Court of Appeals for the Eleventh Circuit from the judgment that is final of District Court dated August 12, 2016 together with purchase of July 7, 2016 ․
Notice of Appeal (Doc. 303). Following the appeal had been docketed, Lanier attempted to enter a look on the part of himself and Lanier Law in this Court, nevertheless the form was returned by the Clerk unfiled because Lanier’s application for admission into the Eleventh Circuit club was indeed rejected.
In response, on 29, 2016, Lanier filed an amended notice of appeal in the district court november:
Defendant, Michael W. Lanier, Esq, separately, ․ hereby appeals into the united states of america Court of Appeals for the Eleventh Circuit ․ Lanier is admitted to rehearse ahead of the Federal District Court, but had been rejected admission to apply into 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 his amended appeal was designed to “reflect” he would “represent himself, pro se, and that none regarding the corporate (Lanier) defendants would join him when you look at the appeal.” Lanier Law had been then dismissed through the appeal.
As the appeal ended up being pending, this Court asked the parties 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 perhaps maybe not, but reserved the question of whether Lanier’s October 10, 2016 notice with respect to “Lanier Law, et al.” perfected their appeal inside the individual capability.