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Procedural Background

Procedural Background

District Court Procedures

The FTC filed a grievance against Lanier, Robles, Rennick, Lanier Law, and also the D.C. companies, 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 plus the Telemarketing product Sales Rule (TSR). 6 especially, the FTC alleged the defendants had misrepresented their capability to acquire home loan adjustments, charged consumers advance fees, did not consist of disclosures that are required their communications, initiated calls in violation for the TSR, and did not pay the desired charges to gain access to the nationwide Do-Not-Call list.

The FTC moved for summary judgment, as well as the district court granted the movement. The court determined that the defendants violated part 5 of this FTCA 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 with regards to their solutions ahead of doing any work; misrepresented the chances of acquiring that loan modification, specially with regards to reductions in monthly obligations, interest levels, and major balances; and did not make disclosures that are proper. Finally, the court figured Lanier ended up being independently responsible for the functions for the entities that are corporate. 7 The district court determined that their authority and control of the defendants and their familiarity with their methods put him “squarely in the center for this enterprise that is deceptive” making him individually responsible for the misconduct. Purchase at 72-74 (Doc. 281).

On August 12, 2016, the region court entered an injunction that is permanent Lanier along with his co-defendants. The district court additionally joined judgment and only the FTC within the quantity of $13,586,713. This might be Lanier’s appeal. 8

Appellate Procedures

On October 10, 2016, Lanier filed a notice that is timely of, for which he known himself as well as the entities comprising Lanier Law whilst the “Lanier Defendants”:

Defendant, Lanier Law, et al., hereinafter the “Lanier Defendants,” 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 together with purchase of July 7, 2016 ․

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, but the Clerk returned the shape unfiled because Lanier’s application for admission when you look at the Eleventh Circuit club have been rejected.

In reaction, on 29, 2016, Lanier filed an amended notice of appeal in the district court november:

Defendant, Michael W. Lanier, Esq, separately, ․ hereby appeals towards 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 train within 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 that none regarding the corporate (Lanier) defendants would join him within the appeal.” Lanier Law ended up being dismissed through the appeal.

Even though the appeal ended up being 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 perhaps not, but reserved the concern of whether Lanier’s October 10, 2016 notice on the part of “Lanier Law, et al.” perfected their appeal inside the individual ability.

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