District Court Procedures
The FTC filed an issue against Lanier, Robles, Rennick, Lanier Law, and also the D.C. businesses, alleging which they had marketed and offered home loan support relief solutions in breach of Section 5(a) of this Federal Trade Commission Act (FTCA), 4 the home loan Assistance Relief solutions Rule (legislation O) (MARS Rule), 5 as well as the Telemarketing product Sales Rule (TSR). 6 especially, the FTC alleged the defendants had misrepresented their capability to get home loan adjustments, charged consumers advance charges, did not consist of necessary disclosures in their communications, initiated calls in breach regarding the TSR, and neglected to spend the desired charges to gain access to the nationwide Do-Not-Call list.
The FTC moved for summary judgment, plus the region court granted the movement. The court figured the defendants violated part 5 for the FTCA by simply making product misrepresentations that caused significant customer damage and also by breaking the MARS Rule in addition to TSR. The region court determined that the defendants violated the MARS Rule if they demanded and received charges with regards to their solutions ahead of doing any cheapest payday loans in Moundsville West Virginia work; misrepresented the chances of getting that loan modification, specially pertaining to reductions in monthly premiums, interest levels, and principal balances; and neglected to make appropriate disclosures. (more…)