The US Supreme Court heard arguments on Monday in First American Financial Corp. v. Edwards. At issue is whether Congress can pass a law that gives customers the ability to sue companies that engage in illegal kickback schemes for mortgage settlement services, or whether those customers must also show additional injury. A federal appeals court held that the existence of the kickback arrangement violated the Real Estate Settlement Procedures Act of 1974, and was an "injury in fact" for the Constitutional standing requirement. After several Internet firms filed a brief in support of First American Financial, arguing that privacy laws with similar enforcement provisions result in "no injury" claims, EPIC filed a brief in support of respondent and argued that enforcement provisions in federal statues are the cornerstone of federal privacy law. For more information, see EPIC: First American v. Edwards.
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Communications Law and Policy
Jerry Kang and Alan Butler