Overshadowed by the Supreme Court’s June 28 decision on the Affordable Care Act, the Court also reversed course and dismissed the appeal of First American Corporation in First American Financial Services v. Edwards challenging whether a claim alleging RESPA violations can be brought in the absence of actual financial injury to a plaintiff.
Although the Court had previously agreed to address the issue, in an unsigned opinion the Court 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.
In December 2010, NAR joined several other housing trade groups in filing an amicus brief in the case, arguing that the Ninth Circuit Court opinion is inconsistent with the Constitutional requirement that a plaintiff must 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 RESPA.
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