Overcharge Not Required to Show RESPA Violation, Ninth Circuit Rules

摘要

The damages provision in the Real Estate Settlement Procedures Act (RESPA) gives rise to a statutory cause of action for an illegal referral of settlement service business, even if there was no overcharge involved, the U.S. Court of Appeals for the Ninth Circuit ruled. (Edwards v. The First American Corporation, Nos. 08-56536, 08-56548, 2010 WL 2471900 (9th Cir. (Cal.)), June 21, 2010)rnPlaintiff Denise Edwards brought an action against The First American Corporation and its wholly owned subsidiary, First American Title Insurance Company (together, the defendants), alleging a violation of the anti-kickback provision of RESPA. She claimed that defendants paid millions of dollars to individual title companies, which entered into illegal, exclusive referral agreements with First American.