KICKBACKS INDIRECTLY RECEIVED ARE STILL UNJUST UNDER FLORIDA LAW, COURTS HOLD.
The Florida law of unjust enrichment requires that the plaintiff conferred a “direct benefit” on the defendant. In particular, “insurance agencies” set up by lenders and mortgage servicers often attempt to avoid unjust enrichment claims by arguing that the plaintiffs did not pay the alleged “unauthorized kickbacks” directly to them. Such was the case, for example, in Longest v. Green Tree Servicing LLC, No. 2:14-cv-08150-CAS (RZx), 2015 WL 546005 (C.D. Cal. February 9, 2015).
In the Longest case, the Court applied Florida law and denied the defendants’ motion to dismiss the Florida unjust enrichment claims at bar. The fact that the plaintiffs’ payments passed through a third party conduit on their way to the defendants did not prevent the plaintiffs from pursuing their unjust enrichment claims against the defendants under Florida law. Longest v. Green Tree Servicing LLC, No. 2:14-cv-08150-CAS (RZx), 2015 WL 546005, *10 (C.D. Cal. February 9, 2015).
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