United states of america Court of Appeals, Eleventh Circuit.

FEDERAL TRADE COMMISSION, Plaintiff – Counter Defendant – Appellee, v. LANIER LAW, LLC, a Florida restricted obligation business, d.b.a. Redstone Law Group, d.b.a. Regulations Offices Of Michael W. Lanier, LIBERTY & TRUST LAW BAND OF FLORIDA, LLC, a Florida liability that is limited, Defendants – countertop Claimants, MICHAEL W. LANIER, independently and also as an owner, officer, supervisor, and/or agent associated with the above-mentioned entities, Defendant – countertop Claimant – Appellant, FORTRESS LAW GROUP, LLC, a Florida restricted obligation business, et al., Defendants.

This instance calls for us to think about perhaps the region court precisely awarded summary judgment to the Federal Trade Commission (FTC) on its claims that defendant Michael Lanier violated a few payday loan companies Cleveland statutes that are federal laws regarding the the purchase of home loan help relief services. Lanier contends that the region court must not have given summary judgment for many reasons, including that the region court improperly admitted proof against him, overlooked disputes of product reality, making findings that are factual the FTC’s benefit. We conclude that none among these arguments has merit and affirm the region court.

Factual Background

Through Lanier Law, LLC, their law practice, Michael Lanier, legal counsel located in Jacksonville, Florida, offered mortgage assistance relief solutions to individuals at risk of losing their homes to foreclosure. 1 Lanier along with his affiliates promised homeowners that in return for an upfront cost, he’d negotiate less expensive month-to-month home loan repayments, reduced interest levels, and paid off principal balances with the person.

Lanier Law shared a workplace with Rogelio Robles and Edward Rennick, two of Lanier’s co-defendants, whom operated various other entities including Pinnacle Legal Services, Fortress Legal Services, while the Department of Loss Mitigation and Forensics (“DOLMF”) (collectively, the “staffing agencies”). These entities supplied staffing, referrals, along with other solutions to Lanier Law.

In 2012, the Florida Bar filed a grievance against Lanier associated with his foreclosure relief solutions. Lanier fundamentally joined a conditional bad plea, admitting he was suspended briefly from the practice of law that he had improperly solicited clients and failed to supervise non-lawyers, and.

Ahead of Lanier’s suspension system, he became a part of three newly developed entities when you look at the District of Columbia: Fortress Law Group, LLP; Redstone Law Group, LLP; and Surety Law Group, LLP (collectively, the “D.C. firms”), which, like Lanier Law, offered customers with mortgage help services. 2 These entities purported become law offices located in the District of Columbia, nonetheless they had been in fact office[s that are“virtual” for Lanier’s operations in Florida. Rennick Dep. at 33 (Doc. 271). 3 Although Lanier “transferred” their foreclosure protection cases into the D.C. companies, any mail provided for D.C. ended up being forwarded instantly to Jacksonville, Florida, where Lanier Law operated. Lanier Dep. at 37 (Doc. 269). The Pinnacle and DOLMF employees that has formerly caused Lanier Law consumers proceeded working with respect to the D.C. businesses. And also to gather re payments, the D.C. organizations utilized the vendor processing portal that Lanier had utilized for Lanier Law.

Making sure that Lanier Law together with D.C. organizations could attract customers nationwide, they connected with “of counsel” attorneys across the nation. The counsel that is“of lawyers had been compensated a monthly retainer of around $300 each month; the task they performed had been generally speaking limited by reviewing retainer agreements for customer email address and also to ensure that the agreements had been finalized and dated.

Together, Lanier Law in addition to D.C. businesses operated a volume company consumers that are recruiting buy home loan help relief solutions (“MARS”). The staffing agencies solicited customers through the world wide web, letters, and leaflets mortgage assistance that is offering. The ads promoted the counsel that is“of community, noting that the law practice “has working arrangements with skilled and competent attorneys and attorneys in lots of other states.” 2013 Flyer at 56 (Doc. 246-5). One flyer, entitled the “Economic Stimulus Mortgage Notification” (the “Flyer”), which appeared as if a federal government document, informed customers that their home have been “selected for a program that is special the national Insured Institutions,” that will “bring home payments present at under you borrowed from or your principal balance down.” 2012 Flyer at 66 (Doc. 246-1). Other leaflets identified the transmitter as DOLMF, that has been owned by Robles. Lanier denies any part in “drafting, delivering, approving, or us[ing]” the Flyer. Lanier Aff. at 9 (Doc. 253).

Customers whom responded to the ads had been described Lanier Law or perhaps the D.C. companies. Throughout the enrollment procedure, situation supervisors told clients that the company would obtain loan customizations with notably reduced re payments and interest levels. The representatives guaranteed consumers that the organizations had very high success prices in reducing re payments—over 90 %. As soon as new business enrolled, Lanier Law together with D.C. businesses delivered them comparable documents. The customers had been needed to spend advance charges in excess of $2,000, often payable in installments. Some customers had been told to cease their mortgage repayments and also to pay Lanier Law or perhaps the D.C. organizations alternatively.

After the customers started making re re payments, Lanier Law in addition to D.C. businesses stopped communicating together with them or transferred them to different situation supervisors who guaranteed them that really work had been done to their loan alterations. Some consumers discovered from their lenders that Lanier Law and also the D.C. organizations had never tried to make contact with the lenders. A lot of the customers reported that the organizations did not get any adjustments for the kids. Other people stated that though some alterations had been acquired, these people were much less guaranteed and often required higher payments than customers had compensated formerly.