Procedural Background

Procedural Background

District Court Procedures

The FTC filed an issue against Lanier, Robles, Rennick, Lanier Law, therefore the D.C. businesses, alleging which they had marketed and offered home loan help relief solutions in breach of part 5(a) for the Federal Trade Commission Act (FTCA), 4 the Mortgage Assistance Relief Services Rule (legislation O) (MARS Rule), 5 in addition to Telemarketing product product Sales Rule (TSR). 6 especially, the FTC alleged the defendants had misrepresented their capability to acquire mortgage alterations, charged consumers advance charges, did not add necessary disclosures in their communications, initiated calls in breach associated with TSR, and didn’t spend the necessary charges to get into the nationwide Do-Not-Call list.

The FTC relocated for summary judgment, together with region court granted the movement. The court figured the defendants violated part 5 for the FTCA by simply making product misrepresentations that caused consumer that is substantial and also by violating the MARS Rule together with TSR. The region court determined that the defendants violated the MARS Rule if they demanded and received costs for his or her solutions ahead of performing any work; misrepresented the chances of acquiring that loan modification, particularly with regards to reductions in monthly obligations, rates of interest, and major balances; and neglected to make disclosures that are proper. Finally, the court determined that Lanier ended up being independently responsible for the functions associated with the business entities. 7 The region court determined that their authority and control of the defendants along with his familiarity with their practices put him “squarely during the center with this enterprise that is deceptive” making him individually responsible for the misconduct. Purchase at 72-74 (Doc. 281).

On August 12, 2016, the district court joined a permanent injunction against Lanier along with his co-defendants. The region court also joined judgment in support of the FTC within the number of $13,586,713. This can be Lanier’s appeal. 8

Appellate Procedures

On October 10, 2016, Lanier filed a notice that is timely of, by which he described himself additionally the entities comprising Lanier Law once the “Lanier Defendants”:

Defendant, Lanier Law, et al., hereinafter the “Lanier Defendants,” hereby appeals to 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 plus the 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 behalf of himself and Lanier Law in this Court, nevertheless the form was returned by the Clerk unfiled because Lanier’s application for admission within the Eleventh Circuit club was indeed denied.

In response, on November 29, 2016, Lanier filed an amended notice of appeal into the region court:

Defendant, Michael W. Lanier, Esq, individually, ․ hereby appeals towards the usa Court of Appeals for the Eleventh Circuit ․ Lanier is admitted to apply prior to the Federal District Court, but had been rejected admission to apply within the 11th Circuit Court of Appeals also as pro vice that is hac here.

Am. Notice of Appeal (Doc. 309). In a page towards the Court, Lanier explained that their amended appeal was meant to “reflect” which he would “represent himself, pro se, and that none associated with corporate (Lanier) defendants would join him into the appeal.” 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 29, 2016, amended notice of appeal was timely to appeal from the district court’s final judgment on behalf of Lanier personally november. Following 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 “Lanier Law, et al.” perfected his appeal in his personal capacity october.