Regarding the argument that a loan discount fee is not a settlement service fee-- it turns out that the Eleventh Circuit court of appeals ruled that a loan discount fee was not a settlement service fee just a week after the appeals court ruling in Freeman.  See the appeals court ruling in Wooten v. Quicken Loans.  That case was also appealed to the Supreme Court but the court declined to hear it, so that ruling stands.  I tend to agree with the ruling.