FEDERAL TRADE COMMISSION v. FORTRESS LAW GROUP LLC

Product Information

Usa Court of Appeals, Eleventh Circuit.

FEDERAL TRADE COMMISSION, Plaintiff – countertop Defendant – Appellee, v. LANIER LAW, LLC, a Florida restricted obligation business, d.b.a. Redstone Law Group, d.b.a. What the law states Offices Of Michael W. Lanier, LIBERTY & TRUST LAW BAND OF FLORIDA, LLC, a Florida liability that is limited, Defendants – countertop Claimants, MICHAEL W. LANIER, separately so that as an owner, officer, supervisor, and/or agent associated with 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 if the district court precisely awarded summary judgment to your Federal Trade Commission (FTC) on its claims that defendant Michael Lanier violated a few statutes that are federal laws associated with the purchase of home loan assistance relief services. Lanier contends that the region court must not have awarded 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, a lawyer situated in Jacksonville, Florida, offered mortgage help relief solutions to people at risk of losing their homes to foreclosure. 1 Lanier and their affiliates promised homeowners that in return for an upfront cost, he would negotiate less expensive month-to-month mortgage repayments, reduced rates of interest, and paid off major 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 Pinnacle that is including Legal, Fortress Legal Services, while the Department of Loss Mitigation and Forensics (“DOLMF”) (collectively, the “staffing agencies”). These entities offered staffing, recommendations, as well as other solutions to Lanier Law.

In 2012, the Florida Bar filed a problem against Lanier pertaining to their foreclosure relief services. Lanier ultimately joined a conditional responsible plea, admitting he was suspended briefly from the practice of law that he had improperly solicited clients and failed to supervise non-lawyers, and.

Just before Lanier’s suspension system, he became a part of three newly produced entities into 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 home loan support solutions. 2 These entities purported become law offices located in the District of Columbia, however they had been in fact “virtual office[s]” for Lanier’s operations in Florida. Rennick Dep. at 33 (Doc. 271). 3 Although Lanier “transferred” their foreclosure protection cases towards the D.C. businesses, any mail provided for D.C. ended up being forwarded straight away to Jacksonville, Florida, where Lanier Law operated. Lanier Dep. at 37 (Doc. 269). The Pinnacle and DOLMF employees that has formerly worked with Lanier Law clients proceeded to get results on behalf of the D.C. companies. And also to collect re payments, the D.C. companies utilized the vendor processing portal that Lanier had utilized for Lanier Law.

In order for Lanier Law additionally the D.C. organizations could attract customers nationwide, they connected with “of counsel” attorneys across the united states. The “of counsel” solicitors had been compensated a month-to-month retainer of around $300 each month; the job they performed ended up being generally speaking limited by reviewing retainer agreements for customer contact information also to make certain the agreements had been finalized and dated.

Together, Lanier Law plus the D.C. companies operated an amount company consumers that are recruiting buy mortgage help relief solutions (“MARS”). The staffing agencies solicited customers over the internet, letters, and leaflets providing home loan assistance. The ads promoted the “of counsel” community, noting that the law practice “has working arrangements with skilled and competent attorneys and lawyers in lots of other states.” 2013 Flyer at 56 (Doc online payday loans Kenton on. 246-5). One flyer, entitled the “Economic Stimulus Mortgage Notification” (the “Flyer”), which seemed to be a federal federal government document, informed customers that their house was in fact “selected for a unique system by the national Insured Institutions,” that will “bring your property re payments present at under your debt or your major balance down.” 2012 Flyer at 66 (Doc. 246-1). Other leaflets identified the transmitter as DOLMF, that was owned by Robles. Lanier denies any right part in “drafting, giving, approving, or us[ing]” the Flyer. Lanier Aff. at 9 (Doc. 253).

Customers who taken care of immediately the ads had been described Lanier Law or the D.C. businesses. Through the enrollment procedure, situation supervisors told clients that the company would get loan adjustments with notably reduced re re payments and rates of interest. The representatives guaranteed consumers that the businesses had success that is extremely high in decreasing re payments—over 90 %. When new customers enrolled, Lanier Law and also the D.C. organizations delivered them comparable documents. The customers had been expected to spend advance charges greater than $2,000, often payable in installments. Some customers had been told to cease their mortgage repayments also to pay Lanier Law or perhaps the D.C. companies alternatively.

When the customers started making payments, Lanier Law therefore the D.C. companies stopped interacting using them or transferred them to different instance supervisors whom guaranteed them that really work had been done on the loan adjustments. Some consumers discovered from their lenders that Lanier Law while the D.C. companies had never tried to get hold of lenders. All the customers reported that the organizations neglected to get any adjustments with the person. Other people stated that however some adjustments were acquired, these people were never as guaranteed and often needed higher payments than customers had compensated formerly.