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Wyoming MLSs seek clearer terms before NAR settlement data sharing

Wyoming MLSs said they have not received specific subpoenas or details on data categories, time periods, formats, costs, or intended uses before consent is presumed.

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Several Wyoming multiple listing services filed limited objections to enforcement of a National Association of Realtors settlement provision that would allow plaintiffs in a commission lawsuit to obtain relevant class-member and listing data from third parties, with consent presumed for MLSs that opted into the deal, HousingWire reports. In their filing, the Wyoming parties said they have not seen specific subpoenas and asked the court to clarify the scope, burden, cost, and confidentiality terms before third-party data production proceeds. They also said they do not know what data the plaintiffs are seeking, including the categories of information, relevant time periods, production formats, costs, and intended uses.

The objection further states that the third-party platform providers appeared not to have received formal subpoenas yet. The Wyoming MLSs said they are willing to cooperate, but want to retain the ability to evaluate each request for relevance, scope, and burden, arguing that MLS databases include non-public information that could include proprietary or sensitive consumer and subscriber data.

The Wyoming parties asked the court to require plaintiffs to provide a list of items tied to any request for Wyoming data, including copies of requests or subpoenas, the specific data fields and time periods sought, the identity of any third party that would receive the information, the purpose for the request, and protections against public disclosure of confidential, private, proprietary, or security-sensitive information, HousingWire reports.

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