On May 16, 2011, the U.S. Supreme Court asked the Office of the Solicitor General to weigh in on the scope of the Real Estate Settlement Procedures Act and gauge class claims that Quicken Loans Inc. illegally charges mortgage borrowers closing fees. The high court invited the solicitor general to file a brief expressing the U.S. government’s view on Quicken’s loan origination and discount fees, which mortgage borrowers contend violate RESPA’s prohibition on unearned fees for settlement services. While the plaintiffs argued that Quicken’s “unearned, undivided” fees to borrowers at the closing of a mortgage transaction are outlawed by Section 8(b) of RESPA, the Fifth Circuit determined that the statute only bars fees that are divided between two parties, resembling a kickback or bribe. In similar cases, the Fourth, Seventh, and Eighth Circuits came out the same way while the Second, Third, and Eleventh circuits have rejected the two-party requirement under RESPA.