Mar 23, 2023
Can online lead generation be done while remaining compliant
under Section 8 of the Real Estate Settlement Procedures Act
(“RESPA”)? The answer is yes, but it is important to navigate the
impermissible activities recently identified by the Consumer
Financial Protection Bureau (“CFPB”).
On February 7, 2023, the CFPB issued guidance in an advisory
opinion addressing how it interprets RESPA and its implementing
regulation, Regulation X, in the context of digital marketing and
lead generation platforms for real estate settlement services. This
guidance—the first issued by the CFPB on online lead
generation—highlights several key compliance considerations for
participants engaging in digital marketing of settlement
services.
Please join Mayer Brown lawyers Holly Bunting and Kerri Webb as
they discuss the advisory opinion, how it impacts compliance under
RESPA, and the questions raised by the CFPB’s interpretations.