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HARDY v. REGIONS MORTG., INC.

No. 05-14678.

449 F.3d 1357 (2006)

Dennis HARDY, Henrietta Hardy, Plaintiffs-Appellants, v. REGIONS MORTGAGE, INC., Defendant, Cendant Corporation, Regions Bank, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 26, 2006.

Attorney(s) appearing for the Case

Brian M. Clark, Wiggins, Childs, Quinn & Pantazis, Birmingham, AL, for Plaintiffs-Appellants.

Elizabeth Redding Floyd, Adams and Reese/Lange, Simpson, LLP, Birmingham, AL, for Defendants-Appellees.

Before HULL and WILSON, Circuit Judges, and GOLDBERG, Judge.

HULL, Circuit Judge:

Dennis and Henrietta Hardy (the "Hardys") appeal the judgment entered against their complaint. The district court granted a judgment on the pleadings on the ground that no private right of action exists under § 10 of the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. § 2609. The Hardys do not dispute that, after obtaining their mortgage, they enrolled in a retail shopping discount program and authorized defendant Regions...

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