The attorneys general also argued that it would be senseless to assume Congress carved out an exception that would allow brokers and lenders to charge unearned fees as long as they did not share them with another party.
“[T]he harm to the consumer — and the abusiveness of the broker or lender’s practice — is the same regardless of whether an unearned fee is divided,” the attorneys general argued.
They told the Court that a straightforward application of Section 2607(b) is necessary to protect consumers and argued that unearned fees are by definition abusive.
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