F.T.C. v. CONSUMER DEFENSE, LLC

No. 18-15462.

926 F.3d 1208 (2019)

FEDERAL TRADE COMMISSION, Plaintiff-Appellee, v. CONSUMER DEFENSE, LLC, a Nevada limited liability company; Consumer Link, Inc., a Nevada corporation; Benjamin R. Horton, in his individual and corporate capacity; Defendants, and Preferred Law, PLLC, a Utah professional limited liability company; American Home Loan Counselors, a Utah limited liability company; Consumer Defense Group, LLC, fka Modification Review Board, LLC, a Utah limited liability company; Consumer Defense, LLC, a Utah limited liability company; Brown Legal, Inc., a Utah corporation; AM Property Management, LLC, a Utah limited liability company; FMG Partners, LLC, a Utah limited liability company; Zinly, LLC, a Utah limited liability company; Jonathan P. Hanley, in his individual and corporate capacity; Sandra X. Hanley, in her individual and corporate capacity; American Home Loans, LLC, a Utah limited liability company, Defendants-Appellants, Thomas W. McNamara, Receiver-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 17, 2019.


Attorney(s) appearing for the Case

Karra J. Porter (argued) and Sarah E. Spencer , Christensen & Jensen, P.C., Salt Lake City, Utah, for Defendants-Appellants.

Imad D. Abyad (argued), Attorney; Joel Marcus , Deputy General Counsel; Alden F. Abbott , General Counsel; Gregory A. Ashe and Adam M. Wesolowski , Attorneys; J. Reilly Dolan , Acting Director; Bureau of Consumer Protection; Federal Trade Commission, Washington D.C.; for Plaintiff-Appellee.

No appearance for Receiver-Appellee.

Before: Johnnie B. Rawlinson, Paul J. Watford, and Michelle T. Friedland, Circuit Judges.


OPINION

This appeal stems from an action initiated by the Federal Trade Commission (FTC) alleging violations of the Federal Trade Commission Act, 15 U.S.C. § 45, and Regulation O, 12 C.F.R. Part 1015 — Mortgage Assistance Relief Services (the MARS Rule). Defendants-Appellants Preferred Law, PLLC; American...

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