Legal Opinion
Carter v. Welles-Bowen Realty, Inc.
Court of Appeals for the Sixth Circuit
Decided January 23, 2009No. 07-3965PublishedCited by 20 opinions
1Opinion of the Court
OPINION
BARZILAY, Judge.
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-Appel-lees’ 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…
2Cases cited28 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Warth v. SeldinSupreme Court of the United States · 1975
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Sierra Club v. MortonSupreme Court of the United States · 1972
- United States v. Mead Corp.Supreme Court of the United States · 2001
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3Cited by20 opinions
- David Tourgeman v. Collins Financial ServicesCourt of Appeals for the Ninth Circuit · 2014
- Jane Doe v. Dean BolandCourt of Appeals for the Sixth Circuit · 2012
- Timmy Mosier v. Joseph EvansCourt of Appeals for the Sixth Circuit · 2024
- Edwards v. First American Corp.Court of Appeals for the Ninth Circuit · 2010
- In Re CarterCourt of Appeals for the Sixth Circuit · 2009
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