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District Court Procedures
The FTC filed an issue against Lanier, Robles, Rennick, Lanier Law, while the D.C. organizations, alleging they had marketed and offered mortgage support relief solutions in breach of part 5(a) of this Federal Trade Commission Act (FTCA), 4 the Mortgage Assistance Relief solutions Rule (legislation O) (MARS Rule), 5 in addition to Telemarketing Sales Rule (TSR). 6 particularly, the FTC alleged the defendants had misrepresented their capability to get mortgage alterations, charged consumers advance charges, did not consist of needed disclosures in their communications, initiated calls in breach associated with the TSR, and did not spend the necessary charges to gain access to the National Do-Not-Call list.
The FTC relocated for summary judgment, as well as the region court granted the movement. The court figured the defendants violated part 5 regarding the FTCA by making product misrepresentations that caused significant customer damage and also by breaking the MARS Rule therefore the TSR. The district court determined that the defendants violated the MARS Rule if they demanded and received costs due to their solutions just before doing any work; misrepresented the probability of getting that loan modification, specially with regards to reductions in monthly obligations, interest levels, and major balances; and didn’t make disclosures that are proper. Finally, the court figured Lanier had been separately responsible for the functions associated with corporate entities. 7 The region court determined that their authority and control of the defendants along with his understanding of their methods put him “squarely at the center for this enterprise that is deceptive” making him individually liable 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 within the level of $13,586,713. This will be Lanier’s appeal. 8
Appellate Procedures
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On October 10, 2016, Lanier filed a notice that is timely of, by which he described himself while the entities comprising Lanier Law because 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 judgment that is final of District Court dated August 12, 2016 therefore the purchase of July 7, 2016 ․
Notice of Appeal (Doc. 303). Following the appeal had been docketed, Lanier attempted to enter an look with respect to 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 in fact 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 rehearse ahead of the Federal District Court, but had been rejected admission to apply into the 11th Circuit Court of Appeals also as pro vice that is hac here.
Am. Notice of Appeal (Doc. 309). In a page towards the Court, Lanier explained that their amended appeal was designed to “reflect” which he would “represent himself, pro se, and that none for the corporate (Lanier) defendants would join him when you look at the appeal.” Lanier Law ended up being then dismissed through the appeal.
Although the appeal ended up being pending, this Court asked the events to handle whether Lanier’s November 29, 2016, amended notice of appeal had been prompt to attract through the region court’s last judgment with respect to Lanier physically. After briefing by both events, the Court determined it was perhaps perhaps maybe 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 individual capability.
