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 support 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 in addition to Telemarketing product product product Sales Rule (TSR). 6 especially, the FTC alleged the defendants had misrepresented their capability to have home loan improvements, charged consumers advance fees, neglected to consist of disclosures that are required their communications, initiated phone calls in breach associated with the TSR, and neglected to spend the desired charges to gain access to the nationwide Do-Not-Call list.
The FTC relocated for summary judgment, in addition to region court granted the movement. The court determined that the defendants violated area 5 regarding the FTCA by simply making product misrepresentations that caused significant consumer damage 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 costs for his or her solutions just before doing any work; misrepresented the probability of getting that loan modification, particularly with regards to reductions in monthly payday loans in Wahoo NE no bank account premiums, rates of interest, and major balances; and neglected to make proper disclosures. Finally, the court figured Lanier ended up being independently responsible for the acts 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 responsible 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 and only the FTC into the number of $13,586,713. This might be Lanier’s appeal. 8
On October 10, 2016, Lanier filed a notice that is timely of, by which he known himself while the entities comprising Lanier Law once the вЂњLanier DefendantsвЂќ:
Defendant, Lanier Law, et al., hereinafter the вЂњLanier Defendants,вЂќ 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 in addition to Order of July 7, 2016 вЂ¤
Notice of Appeal (Doc. 303). Following the appeal ended up being docketed, Lanier attempted to enter an look on the behalf of himself and Lanier Law in this Court, however the form was returned by the Clerk unfiled because Lanier’s application for admission when you look at the Eleventh Circuit club was indeed rejected.
In reaction, on 29, 2016, Lanier filed an amended notice of appeal in the district court november:
Defendant, Michael W. Lanier, Esq, separately, вЂ¤ hereby appeals towards the united states of america Court of Appeals for the Eleventh Circuit вЂ¤ Lanier is admitted to apply ahead of the Federal District Court, but ended up being rejected admission to apply when you look at the 11th Circuit Court of Appeals also as pro vice that is hac here.
Am. Notice of Appeal (Doc. 309). In a page into the Court, Lanier explained that their amended appeal was meant to вЂњreflectвЂќ which he would вЂњrepresent himself, pro se, and that none associated with the corporate (Lanier) defendants would join him when you look at the appeal.вЂќ Lanier Law ended up being dismissed through the appeal.
Whilst the appeal had been pending, this Court asked the events to deal with 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 maybe maybe not, but reserved the question of whether Lanier’s 10, 2016 notice on behalf of вЂњLanier Law, et al.вЂќ perfected his appeal in his personal capacity october.