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The U.S. Supreme Court to Hear RESPA Case
06/24/2011 6:16 PM
Alan B. Fields
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.
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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