Carter v. Welles-Bowen Realty

This appeal involves the issue of whether an allegation that section 8 of the Real Estate Settlement Procedures Act of 1974 ("RESPA"), 12 U.S.C. § 2607, has been violated confers standing even if the consumer does not allege an above-market rate charge for services, i.e. an "overcharge." The district court, in an opinion and order granting the Defendants-Appellees Motion to Dismiss, held Plaintiffs-Appellants lacked standing to bring a claim under § 2607 because they did not allege any overcharge or other concrete injury. See Carter v. Welles-Bowen Realty, Inc., 493 F. Supp. 2d 921, 927 (N.D. Ohio 2007) ("Carter I"). Appellants now appeal, arguing that this court should reject the district courts "overcharge approach" to standing. For the reasons stated below, the court reverses the decision of the district court and remands the matter to the district court for further proceedings consistent with this opinion.