Co-marketing or joint marketing has become a hot issue under the Real Estate Settlement Procedures Act. In co-marketed materials two parties — usually settlement service providers — share advertising materials. The question is whether and to what extent one party can pay the full cost of the materials. In general, the cost of the advertising should be split pro rata based upon the amount of advertising space each party uses. Of course, more complicated issues arise based upon the nature of the recipients and mode of transmission and production. For instance, an internally produced email carries minimal cost, but nonetheless would be considered a RESPA violation if done by a mortgage bank at no-cost exclusively for the benefit of Realtors. Click here to read the entire article on National Mortgage News.
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Ari Karen is an experienced litigator and speaker who has focused his practice in representing financial institutions in both government investigations and litigation before state and federal trial and appellate courts nationwide.
Mr. Karen’s practice is diverse, representing clients on matters concerning banking regulations, Dodd Frank financial reform laws, contractual disputes, employment and labor statutes, wage-hour class actions, employment discrimination and fair lending matters, whistleblower complaints and non-competition claims, among others.