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Judge OKs notices to MLSs on sharing listing and commission data

Nonresponding MLSs that opted into the NAR settlement will be treated as permission for vendors like FBS to release listing and commission data after a 7 day window.

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HousingWire reports that in the Gibson commission lawsuit, Judge Stephen Bough approved a plan for plaintiffs to notify MLSs that opted into the NAR settlement about their data-sharing obligations for listing and commission information.

The notice is tied to enforcement of a settlement provision requiring MLSs that opted in to allow plaintiffs to collect listing and commission data, after third-party data provider Financial Business Systems, which supports the Flexmls platform, refused to hand over the data.

Under the court-approved process, MLSs have seven days to object. If an MLS does not object within that period, the lack of response is treated as written permission for FBS and other third-party data providers to share the data with plaintiffs, with disputes for objecting MLSs to be resolved by the judge.

For MLSs that do object, Judge Bough said the court will address enforcement of the settlement as to the specific objecting MLS. The plaintiffs’ motion also notes that FBS said it needs explicit permission from each MLS, and plaintiffs said they were not told which MLSs were denying that permission.

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