I suppose going one mile an hour over the speed limit is also technically unlawful, but does that make it unethical? Does a person sacrifice their integrity if they don't come to a complete stop when turning right at a red light?
I get what you're trying to say, Secret - I just don't agree with you on this one because (in my opinion) the spirit of the law here is to protect consumers from inflated prices which are really only possible in uncompetitive markets. I'm saying it's not even possible to collude on prices in the mortgage industry because you'd have to have everyone go along with whatever you wanted to do, which would be all but impossible.
There are just too many perfect substitutes out there where the borrower could go for better pricing. If a few people try to price higher because of something they read on a message board, they'll quickly discover a great amount of difficulty in closing deals because they simply aren't competitive price-wise.
It's not like price collusion between the only two gas station owners in a small town that's 100 miles away from any other gas supply. It's not like this thread is a meeting of the new OPEC for the mortgage industry.
Actually, the more I think about it the less I think this sort of thing would apply to the Sherman Act or any other price collusion law. Everyone knows how much oil costs and everyone knows how much dinner at the Olive Garden costs. Competitors don't need to call each other and ask what they are charging for marsala chicken or a gallon of gas - the information is freely available. Does that mean they are in violation of the Sherman Act? Obviously not.
Trying to force prices up by
forming some sort of agreement to always get at least 2 points on the back and take 2 on the front would be a violation (even though it would never fly). Simply talking about what a person typically charges seems like one restaraunt comparing menu prices with another's. No big deal.
And is it unethical? Hardly. If anything it seems to me that discussing pricing could only potentially hurt you because your competitor has a better idea of how to underprice you and compete solely on price, which results in less business and less commission for you. But getting an idea about where the "market price" is at shouldn't be called unethical, IMO.