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HAZEWOOD v. FOUNDATION FINANCIAL GROUP, LLC

No. 08-11511 Non-Argument Calendar.

551 F.3d 1223 (2008)

Lori HAZEWOOD, individually and on behalf of other similarly situated, Plaintiff-Appellant, v. FOUNDATION FINANCIAL GROUP, LLC, Ticor Title Insurance Company, Inc., Meridian Title Services, LLC, Network Closing Services, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 20, 2008.

Attorney(s) appearing for the Case

Earl Price Underwood, Jr., Fairhope, AL, Peter Scott Mackey, Burns, Cunningham, Mackey & Fillingim, P.C., Mobile, AL, Henry L. Cassady, Jr., Cassady & Cassady, Fairhope, AL, for Hazewood.

Derek E. Diaz, Robert J. Fogarty, Steven J. Mintz, Hahn, Loeser & Parks, LLP, Cleveland, OH, Arthur J. Madden, III, Madden & Soto, Henry A. Callaway, III, Hand Arendall, LLC, Mobile, AL, for Defendants-Appellees.

Before TJOFLAT, BLACK and KRAVITCH, Circuit Judges.

PER CURIAM:

This is a putative class action involving alleged overcharges by a title insurer and its agents, in violation of the Real Estate Settlement Procedures Act (RESPA) § 8(b), 12 U.S.C. § 2607(b). We affirm the district court's threshold dismissal of the case.

I.

On review of a Fed.R.Civ.P. 12(b)(6) dismissal, we, like the district court, assume the factual allegations in the complaint are true and give the plaintiff the benefit...

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