Overpayment Not Required For RESPA Claims, 9th Circ. Hears
By Allison Grande
Law360, New York (November 1, 2013, 6:27 PM ET) -- The Consumer Financial Protection Bureau told the Ninth Circuit Wednesday that the Real Estate Settlement Procedures Act does not require that consumers demonstrate that a company overpaid in a referral-kickback agreement, weighing in on a long-running class action against First American Title Insurance Co.
The regulator offered its interpretation of RESPA and its implementing Regulation X to help the appellate court evaluate the Central District of California's Nov. 30 decision rejecting plaintiff Denise Edward's bid to certify a nationwide class claiming First American Title Insurance Co....