District Court Procedures
The FTC filed an issue against Lanier, Robles, Rennick, Lanier Law, as well as the D.C. businesses, alleging which they had marketed and offered home loan support relief solutions in breach of area 5(a) for the Federal Trade Commission Act (FTCA), 4 the home loan Assistance Relief solutions Rule (Regulation O) (MARS Rule), 5 additionally the Telemarketing product Sales Rule (TSR). 6 particularly, the FTC alleged the defendants had misrepresented their capability to get home loan improvements, charged consumers advance charges, didn’t consist of needed disclosures in their communications, initiated calls in breach for the TSR, and did not spend the desired charges to gain access to the nationwide Do-Not-Call list.
The FTC relocated for summary judgment, and also the region court granted the movement. The court determined that the defendants violated part 5 for 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 with regards to their solutions ahead of performing any work; misrepresented the possibilities of acquiring that loan modification, particularly with regards to reductions in monthly obligations, rates of interest, and major balances; and did not make appropriate disclosures. Finally, the court determined that Lanier had been separately responsible for the functions associated with entities that are corporate. 7 The region court determined that their authority and control over the defendants and their familiarity with their methods put 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 district court joined a permanent injunction against Lanier and their co-defendants. The region court additionally joined judgment and only the FTC within the number of $13,586,713. That is Lanier’s appeal. 8
Appellate Procedures
On October 10, 2016, Lanier filed a prompt notice of appeal, for which he referred to himself as well as the entities comprising Lanier Law because 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 through the judgment that is final of District Court dated August 12, 2016 additionally the Order of July 7, 2016 ․
Notice of Appeal (Doc. 303) https://www.badcreditloans4all.com/payday-loans-co/monument/. 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 club was indeed rejected.
As a result, on November 29, 2016, Lanier filed an amended notice of appeal when you look at the region court:
Defendant, Michael W. Lanier, Esq, separately, ․ hereby appeals into the usa Court of Appeals for the Eleventh Circuit ․ Lanier is admitted to rehearse prior to the Federal District Court, but ended up being rejected admission to practice into the 11th Circuit Court of Appeals also as pro vice that is hac here.
Am. Notice of Appeal (Doc. 309). In a page to your Court, Lanier explained that their amended appeal was designed 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 then dismissed through the appeal.
Whilst the appeal ended up being pending, this Court asked the parties to deal with whether Lanier’s November 29, 2016, amended notice of appeal ended up being timely to charm through the region court’s last judgment with respect to Lanier myself. After briefing by both events, the Court determined it was maybe not, but reserved the concern of whether Lanier’s 10, 2016 notice on behalf of “Lanier Law, et al.” perfected his appeal in his personal capacity october.
