Gov't Affairs Blog

The U.S. Supreme Court to Hear RESPA Case

06/24/2011 6:16 PM | Alan B. Fields (Administrator)

From ALTA

The U.S. Supreme Court will review a case that could have a significant impact on who has the right to sue for damages under the Real Estate Settlement and Procedures Act.

This case, First American Financial Corporation v. Edwards, involves a basic question of constitutional law addressing who has standing to bring a lawsuit under RESPA. Edwards sued First American over an alleged kickback under Section 8 of RESPA despite not alleging she was overcharged for title insurance or harmed in any other way. Typically, consumers are only entitled damages when they can prove they were actually injured.

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