United States Court of Appeals For the Seventh Circuit
Consumer Protection – RESPA — class actions
A plaintiff cannot allege kickbacks in violation of RESPA in a class action.
“RESPA Section 8 kickback claims premised on an unreasonably high compensation for services actually performed are inherently unsuitable for class action treatment, and this case is no exception. Further, the plaintiffs cannot establish the sole recognized exception, namely that First American split fees with attorney agents in fact who performed no services on a class-wide basis. Accordingly, the district court did not err in determining that individual issues predominate over common ones.”
11-1816 & 11-1817 Howland v. First American Title Ins. Co.
Appeals from the United States District Court for the Northern District of Illinois, Guzman, J., DeGuilio, J.