Multiple Listing Services (MLSs) in Wyoming have filed objections to a provision in the National Association of Realtors (NAR) commission lawsuit settlement that would allow plaintiffs to obtain data from third parties. The Wyoming parties are seeking clarification on data requests and protections for sensitive information.
The objections highlight ongoing disputes over data access and privacy concerns within the real estate industry following the NAR settlement, potentially impacting the plaintiffs' ability to gather information and the operational procedures of MLSs.
Multiple Listing Services (MLSs) in Wyoming have lodged objections to a specific clause within the National Association of Realtors' (NAR) commission lawsuit settlement. The provision in question allows plaintiffs, who have opted into the settlement, to request and obtain relevant class-member and listing data from third-party providers.
The group, referring to themselves as the Wyoming parties, includes 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. Their objection centers on the lack of specificity regarding the data plaintiffs are seeking, including details on subpoenas, categories of information, time periods, production formats, costs, and intended uses.
The Wyoming parties state their willingness to cooperate but wish to retain the ability to assess each data request for relevance, scope, and burden, citing the proprietary and sensitive nature of MLS database information. They are asking the court to require plaintiffs to provide a comprehensive list of details for any data requests, including the purpose of the request and protections against public disclosure of confidential information.
Alternatively, they propose that a failure to respond to a notice should not automatically grant consent for data sharing unless a specific request is disclosed and falls within settlement provisions. This comes after third-party provider Financial Business Systems (FBS), which supports Flexmls software, refused to release data without explicit permission from each MLS.
Judge Stephen Bough had previously authorized the notices, stating that a lack of objection within seven days of receiving a notice would count as written permission. He has also indicated that the court will resolve any disputes arising from objections made by individual MLSs.