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Track lawsuits challenging MLS rules including Clear Cooperation Policy, marketing restrictions, and regional MLS commission structures.
5
Total Cases
1
Settled Cases
$8M+
Total Settlements
Filed
2020-2025
Jurisdiction
Various jurisdictions
Plaintiff Firm
Various plaintiff firms
Next Milestone
Multiple ongoing cases
Key Issue
Various class-action lawsuits filed against regional MLSs regarding commission structures. This category includes Nosalek v. MLS PIN (Massachusetts), Compass v. Northwest MLS (Washington), and MLS defendants in Moehrl case.
Impact
Regional MLSs facing increased legal scrutiny; may need to revise rules and practices
Filed
March 2020
Jurisdiction
District of Massachusetts
Plaintiff Firm
Hagens Berman
Next Milestone
Claim deadline: March 15, 2026
Key Issue
Antitrust challenge to MLS PIN's buyer-broker commission rules; unique because MLS PIN is a large non-NAR-affiliated MLS
Impact
Demonstrates that non-NAR MLSs are also vulnerable to commission structure lawsuits; expands geographic scope of commission litigation to New England
Filed
May 2020
Jurisdiction
Northern District of Illinois
Plaintiff Firm
Keller Lenkner (representing TAN)
Next Milestone
NAR policy review ongoing
Key Issue
Challenge to NAR's Clear Cooperation Policy requiring MLS listing within 1 day of public marketing; alleged anticompetitive restriction on off-MLS 'pocket listings'
Impact
Dismissal agreement reached while NAR continues internal policy review; highlights ongoing tension between MLS transparency requirements and agent marketing flexibility
Filed
April 25, 2025
Jurisdiction
Western District of Washington (Judge Jamal N. Whitehead) — Case No. 2:25-cv-00766
Plaintiff Firm
Compass Inc. (plaintiff)
Next Milestone
Discovery ongoing; trial scheduled February 2027
Key Issue
Compass alleges NWMLS, a non-NAR-affiliated MLS serving the Seattle/Pacific Northwest market, operates as a monopolist by fining agents $5,000 for publicly marketing listings outside NWMLS before sharing them on the MLS. Compass argues this rule restricts seller-directed marketing, harms competition, and benefits incumbent brokerages that control NWMLS.
Impact
First major antitrust challenge to a non-NAR MLS; tests whether independent MLSs can enforce listing exclusivity rules without violating Sherman Act. Judge found Compass plausibly alleged antitrust harm. Trial set for February 2027; could reshape MLS governance beyond NAR's reach.