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Freeman v. Quicken Loans, Inc.

566 U.S. 624 (2012)

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Freeman v. Quicken Loans, Inc.

United States Supreme Court

566 U.S. 624 (2012)

Facts

The Freemans, the Bennetts, and the Smiths (the couples) (plaintiffs) were three married couples who obtained mortgage loans from Quicken Loans, Inc. (Quicken) (defendant). The couples filed three separate actions in Louisiana state court in 2008 and alleged that Quicken had violated the Real Estate Settlement Procedures Act (RESPA) § 2607(b) by charging the couples fees for which no services were provided. RESPA § 2607(b) provided that no person will give or accept any portion, split, or percentage of any charge made for the rendering of a real estate settlement service other than for services actually performed. The couples’ claims were consolidated and removed to district court. The couples argued that § 2607(b) prohibited the collection of an unearned charge by a single settlement-service provider. Quicken moved for summary judgment and argued that § 2607(b) only covered transactions in which a provider shared a part of a settlement-service charge with one or more other persons who provided no services in the exchange. The district court agreed with Quicken and granted Quicken’s motion for summary judgment. The couples appealed, and the court of appeals affirmed the district court’s judgment.

Rule of Law

Issue

Holding and Reasoning (Scalia, J.)

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