Supreme Court Dismisses RESPA Appeal
The U.S. Supreme Court dismissed the appeal of First American Corporation in First American Financial Services v. Edwards, which challenges whether a claim alleging RESPA violations can be brought in the absence of actual financial injury to a plaintiff. The Court had earlier agreed to address the issue, but in an unsigned opinion, it reversed course and dismissed the appeal and let stand a Ninth Circuit and lower court determination that a plaintiff has standing to seek a recovery under RESPA Sec. 8(a) without having suffered any monetary loss. NAR had earlier argued in an amicus brief with other groups that the Ninth Circuit Court opinion is inconsistent with the Constitutional requirement that a plaintiff suffer actual, concrete injury to bring a case in federal court. NAR continues to work to insure that NAR members are treated consistently and fairly under the Real Estate Settlement Procedures Act.