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Plaintiffs seek MLS listing and commission data under NAR settlement

A judge is being asked to require opt-in MLSs to share data, with non-responses within seven days counting as permission after FBS declined without explicit authorization.

Reported · Written up by our desk · Industry

HousingWire reports that plaintiffs in the Sitzer Burnett and Gibson real estate commission cases filed motions asking Judge Stephen Bough to enforce a provision of the National Association of Realtors settlement covering access to MLS listing and commission data.

The filings say third-party data provider Financial Business Systems, which supports the Flexmls platform, refused to provide the data without explicit permission from each MLS, and the plaintiffs claim FBS would not identify which MLSs withheld that authorization.

To address that, the plaintiffs are seeking court approval of a new process in which they would notify all MLSs that opted into the settlement, reminding them they agreed to data sharing, and allow MLSs a seven day window to file objections.

If an MLS does not object within the seven day period, the lack of response would be treated as written permission for FBS and other third-party data providers to share the data with the plaintiffs, and it remains unclear when the judge will rule.

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