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Alston v. Countrywide Fin. Corp., No. 08-4334

By FindLaw Staff on October 28, 2009 3:59 PM

In plaintiffs-homebuyers' putative class action to recover statutory treble damages pursuant to section 8(d)(2) of the Real Estate Settlement Procedures Act (RESPA) of 1974, district court's dismissal of the complaint for lack of jurisdiction is reversed as the plain language of RESPA section 8 indicates that Congress created a private right of action without requiring an overarching allegation.  Finally, plaintiffs are not barred by the filed rate doctrine as it simply does not apply in this case.   

Read Alston v. Countrywide Fin. Corp., No. 08-4334

Appellate Information

On Appeal from the United States District Court for the Eastern District of Pennsylvania

(D.C. Civil No. 07-cv-03508)  

District Judge: Honorable James T. Giles

Opinion Filed October 28, 2009

Judges

Before:  Barry, Fisher, and Jordan, Circuit Judges

Opinion by Barry, Circuit Judge 

Counsel

Counsel for Appellant:  Edward W. Ciolko, Joseph H. Meltzer, Donna S. Moffa, Terrence S. Ziegler, Barroway, Topaz, Kessler, Meltzer & Check; Eric G. Calhoun, Travis & Calhoun

 Counsel for Appellee:  Christine N. Kohl, Michael J. Singer, United States Department of Justice, Civil Division. 

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