Wyoming MLSs Object to NAR Settlement Data Sharing

Multiple Listing Services (MLSs) in Wyoming have raised objections to a provision within the National Association of Realtors (NAR) commission lawsuit settlement, specifically concerning the sharing of class-member and listing data with plaintiffs. On Thursday, seven Wyoming-based MLS organizations, collectively referring to themselves as the Wyoming parties, filed limited objections to the enforcement of this particular settlement clause. These organizations include Cooperative Listing Service of Cheyenne, Inc., Northwest Wyoming Board of Realtors, Multiple Listing Service of Teton County Board of Realtors, Inc., Sheridan County Board of Realtors, Wyoming MLS, Northeast Wyoming Realtor Alliance, and Laramie Board of Realtors.

The core of their concern lies in the settlement's stipulation that MLSs opting into the agreement consent to plaintiffs obtaining relevant class-member and listing data from third parties. However, the Wyoming parties argue that they have not received any specific subpoenas or requests that clearly outline the exact data the plaintiffs are seeking. They state that they are unaware of the specific categories of information, the relevant time periods for data collection, the required production formats, the associated costs, or the intended uses of this data. Furthermore, the Wyoming parties claim that the third-party platform providers, who would likely be involved in fulfilling such requests, have also not yet received formal subpoenas.

The Wyoming parties have expressed their willingness to cooperate with the settlement's requirements. However, they are seeking to preserve their right to evaluate each individual request for information. This evaluation would focus on the relevance, scope, and potential burden of disclosure. Their objection stems from the fact that MLS databases contain non-public information, which they believe should not be broadly disclosed without careful consideration. Such information could potentially include proprietary or sensitive details about consumers or the MLS subscribers themselves. Consequently, the Wyoming parties are requesting that the court mandate the plaintiffs to provide a comprehensive list of specific details for any data requests. This list should include a copy of each request or subpoena for Wyoming data, the precise data fields and time periods being requested, and the identity of any third party involved in the request.