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First American RESPA Appeal Dismissed by Supreme Court

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 a 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 to federal court. NAR Continues to work to insure that NAR members are treated consistently and fairly under the Real Estate Settlement Procedures Act.