Tyna L. Boulware, on Behalf of Herself and All Others Similarly Situated v. Crossland Mortgage Corporation, United States of America, Amicus Curiae

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding “§ 8(b) only prohibits overcharges when a ‘portion’ or ‘percentage’ of the overcharge is kicked back to or ‘split’ with a third party”
• observing that RESPA is “directed against” things that “increase the cost of real estate transactions”
• affirming dismissal holding that 8(b) “only prohibits overcharges when a ‘portion’ or ‘percentage’ is kicked-back or ‘split’ with a third party.”
• affirming denial of class certification when the plaintiff failed to state a claim, and “all other similarly situated plaintiffs would likewise fail to state a claim”
• Section 8(b) does not apply where defendant simply collected an overcharge and retained it as a \windfall\
• “The use of the conjunctive ‘and’ indicates that Congress was clearly aiming at an exchange or transaction, not a unilateral act.”

Source: CourtListener parenthetical corpus (CC0).