For some time, there has been talk about a possible marketing services agreement (MSA) enforcement action coming from the Consumer Financial Protection Bureau (CFPB). So far, nothing has come down the pike. However, there have been some rumblings within the industry about current, ongoing MSA investigations. With the CFPB out there in search of RESPA violations, now is a good time to make sure your MSA is compliant.
First, consider the prohibitions under RESPA.
RESPA Section 8(a) states that the payment or receipt of kickbacks for the referral of settlement service business is a violation. Section 8(b) provides that splitting charges for services that are not rendered is not allowed.
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