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09/12/2019

RESPA 411:  Be Confident that You’re Complying with RESPA

Compliance

By Holly Bunting and Ken Trepeta

Do you know the Dos and Don’ts to promote your business compliantly under the Real Estate Settlement Procedures Act (RESPA)?  Are you operating (or have you considered operating) advertising agreements or joint ventures with real estate brokers and mortgage lenders?  What kinds of arrangements are catching the attention of regulators? We’ve got the RESPA 411 for you at ALTA One in Austin, Texas. 

It’s been eight years since the Consumer Financial Protection Bureau (CFPB) took over the responsibility for regulation and enforcement of RESPA. Enforcement of RESPA was a hot topic in the early years of the agency. Many companies all but ceased these kinds of arrangements when Director Richard Cordray led the CFPB and advanced novel interpretations of Section 8. With the DC Circuit’s 2018 affirmation of Section 8(c)(2) as a valid exception permitting payments for services performed, companies have renewed their interest in advertising opportunities and strategic partnerships. Now’s the time to ensure you understand what is acceptable and unacceptable conduct under Section 8 of RESPA. A focus on your company’s compliance today with promotional activities and sponsorships, advertising agreements, co-advertising and affiliated business arrangements will go a long way in avoiding enforcement in the future if the tides turn to headline-making settlements and litigation under Section 8 of RESPA. 

Join us Oct. 23, at ALTA One for a one-hour session to drill down on Section 8 of RESPA. In addition to a refresher on the basic prohibitions and exceptions under Section 8, we will discuss what to do and what not to do related to advertising agreements and joint marketing, sponsorships and other promotional opportunities, and affiliated business arrangements. Even if your company does not co-advertise, sponsor events, or own an interest in a joint venture, knowing the legal landscape is important to operating a compliant title insurance business. 

Holly Bunting of the law firm Mayer Brown and Ken Trepeta of RESPRO will review the latest cases and enforcement actions on RESPA, affiliated businesses and marketing services agreements during the education session titled “RESPA 411” at ALTA ONE in Austin, Texas. Click here to register.

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