District Court Procedures
The FTC filed a problem against Lanier, Robles, Rennick, Lanier Law, plus the D.C. organizations, alleging they had sold and marketed home loan help relief solutions in breach of part 5(a) associated with Federal Trade Commission Act (FTCA), 4 the home loan 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 have mortgage alterations, charged consumers advance charges, neglected to add disclosures that are required their communications, initiated calls in breach regarding the TSR, and neglected to spend the mandatory charges to get into the nationwide Do-Not-Call list.
The FTC relocated for summary judgment, while the region court granted the movement. The court determined that the defendants violated part 5 regarding the FTCA https://badcreditloans4all.com/payday-loans-oh/mount-gilead/ by simply making product misrepresentations that caused consumer that is substantial and also by breaking the MARS Rule together with TSR. The region court determined that the defendants violated the MARS Rule once they demanded and received charges for his or her services just before doing any work; misrepresented the probability of getting that loan modification, especially with regards to reductions in monthly premiums, rates of interest, and major balances; and neglected to make appropriate disclosures. Finally, the court figured Lanier had been individually accountable for the functions associated with business entities. 7 The region court determined that their authority and control of the defendants along with his understanding of their methods put him вЂњsquarely during the center for this misleading enterprise,вЂќ making him individually accountable for the misconduct. Purchase at 72-74 (Doc. 281).
On August 12, 2016, the region court joined a permanent injunction against Lanier along with his co-defendants. The region court additionally joined judgment and only the FTC within the quantity 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 known himself and also the entities comprising Lanier Law because the вЂњLanier DefendantsвЂќ:
Defendant, Lanier Law, et al., hereinafter the вЂњLanier Defendants,вЂќ hereby appeals into the United States Court of Appeals for the Eleventh Circuit through the last judgment associated with the District Court dated August 12, 2016 while the Order of July 7, 2016 вЂ¤
Notice of Appeal (Doc. 303). Following the appeal ended up being 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 when you look at the Eleventh Circuit club was in fact rejected.
In reaction, on 29, 2016, Lanier filed an amended notice of appeal in the district court november:
Defendant, Michael W. Lanier, Esq, individually, вЂ¤ hereby appeals towards the united states of america Court of Appeals for the Eleventh Circuit вЂ¤ Lanier is admitted to train prior to the Federal District Court, but had been rejected admission to apply in the 11th Circuit Court of Appeals also as pro hac vice admission there.
Am. Notice of Appeal (Doc. 309). In a page towards the Court, Lanier explained that their amended appeal was meant to вЂњreflectвЂќ which he would вЂњrepresent himself, pro se, and therefore none of this corporate (Lanier) defendants would join him within the appeal.вЂќ Lanier Law had been then dismissed through the appeal.
As the appeal ended up being pending, this Court asked the events 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 perhaps perhaps not, but reserved the concern of whether Lanier's October 10, 2016 notice with respect to вЂњLanier Law, et al.вЂќ perfected their appeal inside the personal capability.