District Court Proceedings
The FTC filed a problem against Lanier, Robles, Rennick, Lanier Law, plus the D.C. companies, alleging which they had sold and marketed mortgage support relief solutions in breach of area 5(a) of this Federal Trade Commission Act (FTCA), 4 the home loan Assistance Relief solutions Rule (legislation O) (MARS Rule), 5 therefore the Telemarketing product Sales Rule (TSR). 6 especially, the FTC alleged the defendants had misrepresented their capability to have debit card payday loans Lauderdale Lakes FL home loan customizations, charged consumers advance charges, did not add disclosures that are required their communications, initiated calls in breach associated with TSR, and neglected to 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 figured the defendants violated area 5 regarding the FTCA by simply making product misrepresentations that caused consumer that is substantial and by breaking the MARS Rule therefore the TSR. The region court determined that the defendants violated the MARS Rule once they demanded and received costs with their solutions ahead of doing any work; misrepresented the possibilities of acquiring that loan modification, specially with regards to reductions in monthly premiums, interest levels, and major balances; and did not make disclosures that are proper. Finally, the court determined that Lanier ended up being separately responsible for the functions associated with business entities. 7 The region court determined that his authority and control of the defendants along with his understanding of their methods put him вЂњsquarely in the center of the enterprise that is deceptiveвЂќ making him individually accountable for the misconduct. Purchase at 72-74 (Doc. 281).
On August 12, 2016, the district court entered an injunction that is permanent Lanier along with his co-defendants. The region court additionally joined judgment and only the FTC when you look at the quantity of $13,586,713. This really is Lanier’s appeal. 8
On October 10, 2016, Lanier filed a prompt notice of appeal, for which he known himself in addition to entities comprising Lanier Law since 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 last judgment of this District Court dated August 12, 2016 in addition to purchase of July 7, 2016 вЂ¤
Notice of Appeal (Doc. 303). Following the appeal had been docketed, Lanier attempted to enter a look on the part of himself and Lanier Law in this Court, nevertheless the Clerk came back the shape unfiled because Lanier’s application for admission into the Eleventh Circuit bar was rejected.
In reaction, on November 29, 2016, Lanier filed an amended notice of appeal when you look at the region court:
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 rehearse ahead of the Federal District Court, but had been rejected admission to rehearse 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 letter into the Court, Lanier explained that his amended appeal was designed to вЂњreflectвЂќ which 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 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 maybe 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.