Key facts
- NAR has subpoenaed documents from the American Real Estate Association (ARA) in connection with ThePLS.com lawsuit.
- The subpoena requests communications and documents related to ARA, ThePLS.com, TheNLS.com, the Clear Cooperation Policy, and the NAR Accountability Project.
- ARA is objecting to the subpoena, citing the need to protect the privacy of individuals who reported harassment within NAR.
- ThePLS.com's lawsuit alleges that NAR's Clear Cooperation Policy creates anti-competitive effects by limiting competing listing networks.
- NAR argues that the plaintiffs have not suffered any antitrust injury.
The National Association of Realtors (NAR) has issued a subpoena to the American Real Estate Association (ARA) as part of the ongoing antitrust lawsuit filed by ThePLS.com. The subpoena, issued in May and requesting documents by June 18, seeks records, contracts, invoices, and communications between ARA, ThePLS.com, and its Spanish counterpart, TheNLS.com. NAR also requested communications pertaining to the Clear Cooperation Policy (CCP) and the NAR Accountability Project.
Jason Haber, co-founder of ARA and the NAR Accountability Project, stated on Instagram that neither he nor ARA will comply with the request. He cited the need to protect the privacy of victims who came forward with harassment allegations within NAR, noting that the NAR Accountability Project ceased operations before ARA was established. Haber questioned the relevance of these files to a case concerning private listings.
This subpoena is a recent development in the protracted legal battle between ThePLS.com and NAR concerning the CCP. ThePLS.com initially filed an antitrust lawsuit against NAR and several Multiple Listing Services (MLSs), including CRMLS, Bright MLS, and MRED. While the MLSs were dismissed with prejudice in January 2024, NAR was dismissed without prejudice, allowing ThePLS.com to refile the suit in July 2025.
The renewed lawsuit claims NAR operates as a conspiracy among its members, alleging that the adoption and enforcement of the CCP by NAR and its affiliated MLSs illegally restricts competition. The PLS contends that requiring all listings to be submitted to the MLS eliminates the ability of competing listing networks to feature non-MLS listings, thereby degrading their quality and effectiveness. The suit further argues that the CCP harms competition by eliminating incentives for real estate professionals to market pocket listings through services like PLS.
In response to the refiled claims in September 2025, NAR asserted that the plaintiffs have not experienced any "antitrust injury."