.... NOT a defense to claims NOT based on filed rates.
Another Federal Judge has ruled that so long as the defendant alleges that it included kickbacks in filed rates, then claims related to kickbacks are barred in Federal Courts. Alpert v. Nationstar Mortgage LLC, 243 F. Supp. 3d 1176 (W.D. Wash. 2017) (applying Washington State's filed rate doctrine in case of first impression to insurance company's motion to dismiss mortgagor's complaint actually alleging that kickbacks were included in force-placed insurance premiums charged to mortgagor).
However, even in these cases Federal Judges also hold that other claims which are not based on kickbacks can still be "plausible" and so withstand a motion to dismiss alleging the filed-rate-doctrine. For example, in the Nationstar Mortgage case itself the same Federal Judge held that the mortgagor's complaint stated a claim against a mortgage servicer for breach of contract and for alleged Washington State Consumer Protection Act (CPA) violations.
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