Facts

In 2009, Karen Tavenner filed a class action against The Talon Group, a Division of First American Title Insurance Co. on behalf of similarly situated consumer who were charged a recording fee related to the recording of a deed of trust, a wire/express fee, and a reconveyance fee. The court granted Tavenner's motion for class certification.

Tavenner asserted four causes of action, including fraud and misrepresentation, which the court subsequently dismissed as well as her declaratory judgment claims pursuant to the Talon Group's motion to dismiss. Later, the court granted summary judgment in part, and denied in part, involving her individual claims for breach of contract breach of fiduciary duty, and violation of the Washington Consumer Protection Act. The court granted summary judgment in her favor on all three claims based on the recording fee. It then granted partial summary judgment as to liability in her favor for the breach of fiduciary duty claim based on the wire/express fee, but issues remained with respect to damages on that claim. The court then denied her motion on the breach of contract and statutory claims based on the wire/express fee. The court likewise denied her motion as to all claims based on the reconveyance of fees.

PLAINTIFF'S CONTENTIONS:
Tavenner contended that the Talon Group improperly charged consumers a recording fee related to the matters stated above.

Result

The parties settled the dispute following mediation. As part of the settlement, eligible members may receive no more than $35 per claim for fees for recording a deed of trust; no more than $5 per claim for fees for recording all documents other than the deed of trust; no more than $10 per claim for wire/express fees; and no more than $5 per claim for reconveyance fees. Talon Group also agreed to provide a $50 coupon towards future escrow services.