District Court Procedures
The FTC filed a problem against Lanier, Robles, Rennick, Lanier Law, therefore the D.C. companies, alleging which they had sold and marketed home loan 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 and also the Telemarketing product product Sales Rule (TSR). 6 particularly, the FTC alleged the defendants had misrepresented their capability to acquire home loan changes, charged consumers advance charges, neglected to consist of disclosures that are required their communications, initiated calls in breach associated with the TSR, and did not spend the mandatory charges to gain access to the nationwide Do-Not-Call list.
The FTC relocated for summary judgment, plus the district court granted the movement. The court figured the defendants violated part 5 regarding the FTCA by simply making product misrepresentations that caused significant customer damage and also by violating the MARS Rule therefore the TSR. The region court determined that the defendants violated the MARS Rule once they demanded and received charges due to their solutions just before doing any work; misrepresented the chances of getting financing modification, specially with regards to reductions in monthly obligations, rates of interest, and major balances; and did not 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 familiarity with their methods put him вЂњsquarely during the center with this misleading enterprise,вЂќ making him individually responsible 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 when you look at the number of $13,586,713. That is Lanier’s appeal. 8
On October 10, 2016, Lanier filed a notice that is timely of, by which he described himself additionally the entities comprising Lanier Law while the вЂњLanier DefendantsвЂќ:
Defendant, Lanier Law, et al., hereinafter the вЂњLanier Defendants,вЂќ 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 together with purchase of July 7, 2016 вЂ¤
Notice of Appeal (Doc. 303). Following the appeal ended up being 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 when you look at bad credit payday loans Lynnwood WA the Eleventh Circuit club was in fact rejected.
As a result, on November 29, 2016, Lanier filed an amended notice of appeal within the region court:
Defendant, Michael W. Lanier, Esq, separately, вЂ¤ hereby appeals into the united states of america Court of Appeals for the Eleventh Circuit вЂ¤ Lanier is admitted to train ahead of the Federal District Court, but had been rejected admission to apply when you look at the 11th Circuit Court of Appeals also as pro hac vice admission here.
Am. Notice of Appeal (Doc. 309). In a page towards the Court, Lanier explained that their amended appeal was designed to вЂњreflectвЂќ he would вЂњrepresent himself, pro se, and therefore none regarding the corporate (Lanier) defendants would join him within the appeal.вЂќ Lanier Law had been then dismissed through the appeal.
Even though the appeal had been 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 maybe not, but reserved the concern of whether Lanier’s 10, 2016 notice on behalf of вЂњLanier Law, et al.вЂќ perfected his appeal in his personal capacity october.