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IN RE CARTER

No. 07-3965.

553 F.3d 979 (2009)

Erick C. CARTER, et al., Plaintiffs-Appellants, United States of America, Intervenor, v. Welles-Bowen Realty, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 23, 2009.

Attorney(s) appearing for the Case

ARGUED: John T. Murray, Murray & Murray Co., L.P.A., Sandusky, Ohio, for Appellants. Richard H. Carr, Balk, Hess & Miller, Toledo, Ohio, Andrew S. Pollis, Hahn Loeser, Cleveland, Ohio, for Appellees. ON BRIEF: John T. Murray, Murray & Murray Co., L.P.A., Sandusky, Ohio, for Appellants. Richard H. Carr, Balk, Hess & Miller, Toledo, Ohio, Stuart J. Goldberg, Barry W. Fissel, Eastman & Smith, Toledo, Ohio, for Appellees. Christine N. Kohl, Michael Jay Singer, United States Department of Justice, Washington, D.C., for Intervenor.

Before BATCHELDER and SUTTON, Circuit Judges; BARZILAY, Judge.

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-Appellees' Motion to Dismiss, held Plaintiffs-Appellants lacked...

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