It seems a former pocket listing service is not going down without a fight. The PLS, formerly a private listing network for real estate agents, is appealing a dismissal of its antitrust lawsuit against the National Association of Realtors and three of the nation’s largest multiple listing services.

In May 2020, The PLS filed a federal antitrust lawsuit against NAR and the California Regional MLS (CRMLS), Bright MLS and Midwest Real Estate Data (MRED) over a policy designed to curb pocket listings.

The suit alleged the defendants had violated the federal Sherman Antitrust Act and California’s Cartwright Act for adopting the Clear Cooperation Policy, also known as MLS Policy Statement 8.0, which requires listing brokers to submit a listing to their MLS within one business day of marketing a property to the public.

In January, The PLS re-launched as a public-facing website that takes advantage of the “one business day” caveat to tout listings that appear on the site up to three days before being marketed elsewhere, since a home can be posted there on a Friday and doesn’t have to be submitted to the MLS until Monday.

The PLS.com home page on March 1, 2021

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Last week, on Feb. 23, The PLS filed a notice of appeal with the U.S. Court of Appeals for the Ninth Circuit, seeking to have that order overturned. The notice did not include any arguments regarding the basis of the appeal. The appeals court requires that The PLS submit its opening brief by April 26. NAR and the MLSs will have until May 26 to respond to that brief.

“We believe that this lawsuit has no legal basis and are confident that the appeal will be denied,” Mantill Williams, NAR’s vice president of communications, told Inman via email.

“As affirmed by the district court, the MLS system creates competitive, efficient markets that benefit home buyers and sellers alike. In November 2019, NAR determined that the Clear Cooperation Policy (CCP) was needed as a crucial protection for consumers and it was overwhelmingly adopted.

“As the court said in dismissing the case, the CCP provides consumers with ‘access to more information regarding market conditions, enabling them to make better informed choices about the bundle of real estate brokerage services that will best serve their needs.'”

In an emailed statement, Bright MLS spokesperson Christy Reap told Inman, “Bright remains confident that the appeals court will affirm the district court’s dismissal with prejudice.”

CRMLS CEO Art Carter declined to comment. The PLS and MRED did not respond to emailed requests for comment. Inman will update this story if and when we hear back.

Editor’s note: This story has been updated with a comment from NAR and to note that CRMLS declined to comment.

Email Andrea V. Brambila.

MLS | NAR
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