Overcharge is ‘Windfall’ if Facts Don’t Prove Malice
July 16, 2001
Marking up a service fee and pocketing the overcharge may be considered a mere "windfall" if a plaintiff fails to prove that illegal fee splitting has occurred, a federal appeals court has concluded. In a July 5 decision, the 7th U.S. Circuit Court of Appeals upheld a lower court decision to dismiss illegal fee splitting charges filed against Chicago Title & Trust Co.