Alig v. Quicken Loans Inc., 990 F.3d 782 (4th Cir. 2021)
MAR 10, 2021 | REPUBLISHED BY LIT: DEC 14, 2021
Phillip ALIG; Sara J. Alig; Roxanne Shea; Daniel V. Shea, Individually and on Behalf of a Class of Persons, Plaintiffs – Appellees, v. QUICKEN LOANS INC.; Amrock Inc., f/k/a Title Source, Inc., d/b/a Title Source Inc. of West Virginia, Incorporated, Defendants – Appellants, and Dewey V. Guida; Appraisals Unlimited, Inc.; Richard Hyett, Defendants.
ARGUED: Theodore J. Boutrous, Jr., GIBSON, DUNN & CRUTCHER, LLP, Los Angeles, California, for Appellants. Deepak Gupta, GUPTA WESSLER PLLC, Washington, D.C., for Appellees. ON BRIEF: Helgi C. Walker, GIBSON, DUNN & CRUTCHER LLP, Washington, D.C.; William M. Jay, Thomas M. Hefferon, Brooks R. Brown, Keith Levenberg, Washington, D.C., Edwina B. Clarke, GOODWIN PROCTER LLP, Boston, Massachusetts, for Appellants. John W. Barrett, Jonathan R. Marshall, Charleston, West Virginia, Patricia M. Kipnis, BAILEY & GLASSER LLP, Cherry Hill, New Jersey; Gregory A. Beck, GUPTA WESSLER PLLC, Washington, D.C.; Jason E. Causey, James G. Bordas, Jr., BORDAS & BORDAS, PLLC, Wheeling, West Virginia, for Appellees.
Before NIEMEYER, WYNN, and FLOYD, Circuit Judges.
Affirmed in part and vacated and remanded in part by published opinion. Judge Wynn wrote the majority opinion, in which Judge Floyd joined. Judge Niemeyer wrote a dissenting opinion.
WYNN, Circuit Judge:
Plaintiffs are a class of “[a]ll West Virginia citizens who refinanced” a total of 2,769 mortgages with Defendant Quicken Loans Inc. from 2004 to 2009, “for whom Quicken [Loans] obtained appraisals” from Defendant Amrock Inc., an appraisal management company formerly known as Title Source, Inc. (“TSI”). J.A. 627.
For ease of reference, we continue to refer to this entity as TSI throughout this opinion.
Citations to “J.A. ––––” and “S.J.A. ––––” refer, respectively, to the Joint Appendix and Sealed Joint Appendix filed by the parties in this appeal.
Plaintiffs allege that pressure tactics used by Quicken Loans and TSI to influence home appraisers to raise appraisal values to obtain higher loan values on their homes constituted a breach of contract and unconscionable inducement under the West Virginia Consumer Credit and Protection Act. The district court agreed and granted summary judgment to Plaintiffs.