Frequently Asked Questions

A Notice has been posted for the benefit of potential Settlement Class Members. If you are uncertain about whether you are a member of the Settlement Class, you may contact the Notice Administrator at (833) 933-6273.

A Notice has been posted because Settlement Class Members have a right to know about the proposed settlement of class action lawsuits in which they are class members, and about all of their options, before the Court decides whether to approve the settlement. If the Court approves the settlement, and after objections or appeals, if any, relating to the Settlement are resolved, the benefits provided by the settlement will be available to members of the Class. 

The Notice explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. A full copy of the Settlement Agreement may be viewed in the Documents section of this settlement website. The Notice contains only a summary of the settlement.

The Court in charge of the settlement is the U.S. District Court for the District of Massachusetts. The case before this Court is known as Nosalek, et al. v. MLS Property Information Network, Inc., Case No. 1:20-cv-12244-PBS (“Action”). The people who filed this lawsuit are called the Plaintiffs. The people being sued are called the Defendants. Defendants in the Action include MLS PIN and the following large real estate brokerage firms: Anywhere, RE/MAX, Keller Williams, and Berkshire Hathaway HomeServices (“Broker Defendants”). Of these Defendants, this settlement concerns only MLS PIN. Notice of settlements with Broker Defendants is available on the following website: https://www.realestatecommissionlitigation.com.

You may have received notice of a settlement that resolves claims against the National Association of Realtors (“NAR”) in Burnett et al. v. National Association of Realtors, et al., Case No. 19-CV-00332-SRB (W.D. Mo.) (“Burnett”) and in other lawsuits involving alleged anticompetitive conduct. Notice of the NAR settlement is available on the following website: https://www.realestatecommissionlitigation.com/nar. The MLS PIN settlement resolves all claims against MLS PIN involving alleged anticompetitive conduct.

The Action claims that Defendants, including MLS PIN, created and implemented rules that require real estate sellers listing properties on MLS PIN’s multiple listing service, Pinergy, to pay commissions to the broker or agent representing the buyer, and that this requirement caused real estate sellers to pay total commissions at inflated rates. Plaintiffs also allege that Defendants enforced these rules through anticompetitive and unlawful practices.

The Action claims that these rules are anticompetitive, and that they violate antitrust laws. You can read Plaintiffs’ complaint in the Documents section of this settlement website. Specifically, the lawsuit alleges violation of Section 1 of the Sherman Act (a federal antitrust statute found at 15 U.S.C. § 1 et seq.)

Although the Court has authorized notice to be given of the proposed settlement, this settlement website does not express the opinion of the Court on the merits of the claims or defenses asserted by either side of the Action. 

MLS PIN disputes Plaintiffs’ allegations and denies all liability to Plaintiffs and the Class in this Action. You can read the Answer filed by MLS PIN in the Action in the Documents section of this settlement website. 

The parties entered into a settlement on May 27, 2025, and the Court granted preliminary approval on June 10, 2025.

In a class action, one or more people called class representatives sue on behalf of other people who have similar claims. The people together are a “Class” or “Settlement Class Members.” The consumers who sued Defendants—and all the Settlement Class Members like them—are called Plaintiffs. The companies they sued are called the Defendants. One court resolves the issues for everyone in the Class— except for those who choose to exclude themselves from the Class. 

Here, the Court decided that a class can be certified for settlement purposes because it preliminarily meets the requirements of Federal Rule of Civil Procedure 23, which governs class actions in federal courts. Specifically, the Court found that: (1) there are numerous people who fit the class definition; (2) there are legal questions and facts that are common to each of them; (3) the Plaintiffs’ claims are typical of the claims of the rest of the Class; (4) Plaintiffs, and the lawyers representing the Class, will fairly and adequately represent the Settlement Class Members’ interests; (5) the common legal questions and facts are more important than questions that affect only individuals; and (6) class treatment will be more efficient than having individual lawsuits.

Counsel for the Class investigated the facts and applicable law regarding Plaintiffs’ claims; MLS PIN’s defenses; MLS PIN’s ability to pay; and the terms of the related NAR settlement discussed in FAQ 1 above. The parties engaged in lengthy arms-length negotiations to reach the settlement. Plaintiffs and Counsel for the Class believe that the proposed settlement is fair, reasonable, and adequate, and in the best interest of the Class. 

Both sides agree that by settling, MLS PIN is not admitting any liability or that it did anything wrong. Both sides want to avoid the uncertainties and expense of further litigation.

You are a part of the Class if you: (1) sold residential real estate during the Settlement Class Period (during December 17, 2016, through and including the date of the Final Judgment and Order of Dismissal); (2) listed the real estate that was sold on MLS PIN’s Pinergy multiple listing platform; and (3) paid a commission to a real estate brokerage in connection with the sale of the real estate. You are part of the Class if you meet all three of these conditions, regardless of whether you also were a buyer within the Settlement Class Period. 

Specifically excluded from the Settlement Class are Defendants; Released Parties; co-conspirators; the officers, directors, or employees of any Defendant, Released Party, or co-conspirator; any entity in which any Defendant, Released Party, or co-conspirator has a controlling interest; any affiliate, legal representative, heir, or assign of any Defendant, Released Party, or co-conspirator and any Person acting on their behalf. Also excluded from the Settlement Class are federal government entities or instrumentalities, any judicial officers presiding over this Action and the members of his/her immediate families and judicial staff, and any juror assigned to the Action.

If you are uncertain as to whether you are a member of the Class, you may contact the Notice Administrator at (833) 933-6273 to find out.

If you are a member of the Class, you are eligible to receive a benefit under the Settlement.

MLS PIN has agreed to pay $3,950,000 into a Settlement Fund. The fund will be distributed to qualifying Settlement Class Members who submit an approved claim form on a pro rata basis based on the sale price of the Settlement Class Member’s real estate as reflected in MLS PIN’s records, after any awarded attorneys’ fees, expenses, costs of settlement administration and notice, and service awards have been deducted.

MLS PIN has also agreed to implement important Practice Changes to revise the practices alleged in the Complaint to violate antitrust law, including the following: 

1. Eliminate any requirement that Seller-Brokers or Sellers must make offers of Buyer-Broker Commission, and eliminate any requirement that such offers, if made, must be blanket, unconditional, or unilateral;
2. Prohibit all MLS PIN participants and subscribers from (a) making offers of Buyer-Broker Commission in a Listing; or (b) disclosing, in a Listing, broker compensation or total brokerage compensation (i.e., the combined compensation to both listing brokers and cooperating brokers);
3. Eliminate all Buyer-Broker Commission-specific fields in Pinergy and prohibit the making of offers of Buyer-Broker Commission via any other field(s) in Pinergy; 
4. Permit a Listing only if the Seller-Broker certifies through an appropriate check-box to MLS PIN that the Seller-Broker, before entering into an agreement with the Seller with respect to that Listing, notified the Seller that (i) MLS PIN does not require the Seller to offer compensation to Buyer-Brokers or other buyer representatives (either directly or through buyers), either on or off of Pinergy; and (ii) while a Buyer-Broker may request compensation from the Seller in lieu of Buyer-Broker receiving any compensation from the prospective purchaser for the Buyer-Broker’s services on that Listing, MLS PIN does not require the Seller to accede to such a request; and
5. Eliminate any forms, advertising, and educational or instructional materials created and disseminated by MLS PIN that are inconsistent with any provision of sections (i)-(iv) above.

In addition, MLS PIN has agreed to not itself create or develop any listing service that is inconsistent with any provision of sections (i)-(v) above, or affirmatively support, through the provision of listing data or otherwise, the creation or maintenance of any third-party service that is inconsistent with those provisions. You can learn more about the Practice Changes and Cooperation in the MLS PIN Settlement Agreement in the Documents section of this settlement website.

Note: If you have submitted a claim form in the Burnett or any other similar litigation (including but not limited to those listed in FAQ 21 below) for a prior settlement with NAR or any other Defendant(s) other than MLS PIN, you do need to submit another claim for this settlement. 

To receive a benefit, a Settlement Class Member must submit a claim form with information pertaining to and/or evidence of your real estate sale to the Notice Administrator. The Notice Administrator will be responsible for reviewing all claim forms and determining whether a claim is an approved claim. The Notice Administrator will reject any claim that is not: (a) submitted timely and in accordance with the directions on the claim form, the provisions of this Settlement Agreement, and the Preliminary Approval Order; (b) fully and truthfully completed by a Settlement Class Member or their representative with all of the information requested in the claim form; and (c) signed by the Settlement Class Member. Claims that cannot be confirmed by the Notice Administrator may be subject to challenge, nonpayment, or a reduced share of the available funds. 

You can submit a claim form by returning the claim form portion of the postcard Notice that was mailed to you, or by filing electronically here, or printing the claim form from the Documents section of this settlement website and returning it to the Notice Administrator via mail postmarked on or before December 15, 2025. 

Nosalek et al. v. MLS PIN Settlement

c/o Kroll Settlement Administration LLC

P.O. Box 5324

New York, NY 10150-5324

The Court will hold a final Fairness Hearing at 2:30 PM ET on September 29, 2025, in the U.S. District Court for the District of Massachusetts, 1 Courthouse Way, Courtroom 19, 7th Floor, Boston, Massachusetts 02210, to decide whether to finally approve the settlement. If the settlement is approved, there may be appeals. Payments to members of the Class will be made only if the settlement is approved and after any claims period and appeals are resolved. This may take some time, so please be patient.

Upon the Court’s approval of the proposed settlement, all members of the Class who do not exclude themselves (as well as their representatives) will release: 

(i) MLS PIN; (ii) MLS PIN’s past or present direct and indirect parents (including holding companies), subsidiaries, affiliates, associates (all as defined in SEC Rule 12b-2 promulgated pursuant to the Securities Exchange Act of 1934), predecessors, successors, shareholders (except those who are Defendants in the Action); (iii) MLS PIN’s participants and subscribers, and each of their respective officers, directors, employees, agents, attorneys, legal or other representatives, trustees, heirs, executors, administrators, advisors, and assigns. Released Parties do not include the other Defendants in the Action. More information is available in the Settlement Agreement available in the Documents section of this settlement website.

All members of the Class who do not exclude themselves will release claims whether known or unknown that they ever had, now have, or hereafter may have and that have accrued as of the date of preliminary approval of the Settlement arising from or related to the Released Claims. “Released Claims” means “[a]ny and all manner of claims, causes of action, cross-claims, counter-claims, charges, liabilities, demands, judgments, suits, obligations, debts, setoffs, rights of recovery, or liabilities for any obligations of any kind whatsoever (however denominated), whether class or individual, in law or equity or arising under constitution, statute, regulation, ordinance, contract, or otherwise in nature, for fees, costs, penalties, fines, debts, expenses, attorneys’ fees, damages, and liabilities of any nature whatsoever (including joint and several), known or unknown, suspected or unsuspected, asserted or unasserted, arising from or relating in any way to any conduct alleged or that could have been alleged in and that arise from the factual predicate of the Action, including but not limited to commissions negotiated, offered, obtained, or paid to brokerages in connection with the sale of any Real Estate.”

This release may affect your rights, and may carry obligations, in the future. To view terms of the release, review the Settlement Agreement, which is available in the Documents section of this settlement website.

To ask to be excluded, you must execute and send a Request for Exclusion to the Notice Administrator postmarked on or before September 2, 2025. A Request for Exclusion must be personally signed by each potential Settlement Class Member requesting exclusion. Additionally, a Request for Exclusion must include the potential Settlement Class Member’s present name and address, a clear and unequivocal statement that the potential Settlement Class Member wishes to be excluded from the Settlement Class as to MLS PIN, state the address(es) of the Real Estate on which Buyer-Broker Commissions were paid, and the signature of the putative Settlement Class Member or, in the case of a potential Settlement Class Member who is deceased or incapacitated only, the signature of the legally authorized representative of the putative Settlement Class Member.

Note: If you did not exclude yourself from previous settlements in Burnett or other similar litigations, including but not limited to those listed in FAQ 21 below, you may still exclude yourself from this Settlement.

If the request is not postmarked on or before September 2, 2025, your exclusion will be invalid, and you will be bound by the terms of the settlement approved by the Court, including without limitation, the judgment ultimately rendered in the case, and you will be barred from bringing any claims against MLS PIN as outlined in FAQ 10 above which arise out of or relate in any way to the claims in the case as specified in the release referenced in FAQ 10 above. 

You must mail your Request for Exclusion to: 

Nosalek et al. v. MLS PIN Settlement

c/o Kroll Settlement Administration LLC

P.O. Box 5324

New York, NY 10150-5324

No. Unless you exclude yourself, you give up any right to sue MLS PIN for the claims that the settlement resolves. If you have a pending lawsuit against MLS PIN, speak to your lawyer in that case immediately. You may have to exclude yourself from this Class to continue your own lawsuit. Remember, the exclusion deadline is September 2, 2025.

No. If you exclude yourself as to the MLS PIN settlement, do not send in a claim form to ask for any money. If you exclude yourself only as to MLS PIN, you may still ask for money from the settlements with other Defendants in accord with the provisions of those separate litigations and in their corresponding Notices. If you exclude yourself as to MLS PIN, you may sue, continue to sue, or be a part of a different lawsuit against MLS PIN. 

The Court decided that the law firms Izard Kindall & Raabe LLP and Hausfeld LLP are qualified to represent you and all other Settlement Class Members. These lawyers are called “Plaintiffs’ Counsel.” You will not be charged for these lawyers. They are experienced in handling similar cases against other entities. More information about the law firms, their practices, and their lawyers’ experience is available at: www.ikrlaw.com and www.hausfeld.com.

Plaintiffs’ Counsel represent the interests of the Class. You may hire your own attorney to advise you, but if you hire your own attorney, you will be responsible for paying that attorney’s fees.

Plaintiffs’ Counsel will ask the Court for attorneys’ fees, in an amount not to exceed one-third (33.3%) of the $3.95 million Settlement Fund ($1,315,350), for their work in the litigation, as well as reimbursement in an amount not to exceed $200,000 for costs and expenses. The Court will decide the amount of fees to be awarded. 

Plaintiffs’ Counsel will also request that service payments be paid from the Settlement Fund to the Plaintiffs for their service in prosecuting this litigation on behalf of the entire Class, in an amount not to exceed $5,000 each. 

Plaintiffs’ Counsel will make their request for attorneys’ fees, costs, and Plaintiffs’ service awards on or before July 25, 2025, and that request will be available in the Documents section of this settlement website. 

All fees and expenses awarded by the Court will be paid out of the Settlement Fund. You are not responsible for any fees, costs, or expenses that the Court awards.

If you are a Class Member, you can object to this Settlement if you do not like any part of it, including the forthcoming motion for attorneys’ fees, costs, expenses, and service awards. You can give reasons why you think the Court should not approve it. The Court will consider your view. To object, you must file or send a written objection to the Court, as instructed by the Court, by September 2, 2025 or you will waive your right to object (whether in opposition to the motion for Preliminary Approval, motion for attorneys’ fees, costs, expenses and service awards, motion for Final Approval, on appeal, or otherwise) to the settlement. Be sure to include the case name and number (Nosalek, et al. v. MLS Property Information Network, Inc., et al., Case No. 20-cv-12244-PBS), full name, address, telephone number, and e-mail address (if any); a notice of intention to personally or through counsel appear and/or testify at the Final Hearing; proof of membership in the Class; and the specific grounds for the objection and any reasons why such Person desires to appear and be heard, as well as all documents or writings that such Person desires the Court to consider.

You must file any objection with the Clerk of the Court at the address below by September 2, 2025:

United States District Court for the District of Massachusetts

1 Courthouse Way, Second Floor, Suite 2300, Boston, Massachusetts 02210

Nosalek, et al. v. MLS Property Information Network, Inc., et al., Case No. 20-cv-12244-PBS

You must also send your objection by first class mail, postmarked on or before September 2, 2025, to Plaintiffs’ Counsel and MLS PIN’s Counsel. These documents should be mailed to Plaintiffs’ Counsel at: 

Izard, Kindall & Raabe LLP

c/o Seth R. Klein

29 South Main Street, Suite 305

West Hartford, CT 06107

and to MLS PIN’s Counsel at: 

Troutman Pepper Locke LLP

c/o J. Matthew Goodin

111 South Wacker Drive, Suite 4100

Chicago, IL 60606

Any member of the Settlement Class who does not file and serve an objection in the time and manner described above will not be permitted to raise that objection later.

Objecting is simply telling the Court that you don’t like something about the Settlement. You can object to a Settlement only if you stay in it. Excluding yourself is telling the Court that you do not want to be part of a Settlement. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

There will be a final Fairness Hearing to consider approval of the proposed settlement, at 2:30 PM ET on September 29, 2025 at the U.S. District Court for the District of Massachusetts, 1 Courthouse Way, Courtroom 19, 7th Floor, Boston, Massachusetts 02210. The hearing may be postponed to a later date without further notice. Any such postponements will be posted on the Court docket and/or this settlement website. The purpose of the hearing is to determine the fairness, reasonableness, and adequacy of the terms of the settlement, whether the Class is adequately represented by the Plaintiffs’ Counsel, and whether an order and final judgment should be entered approving the proposed settlement. The Court will also consider Plaintiffs’ Counsel’s application for an award of attorneys’ fees, costs, expenses, and any Plaintiffs service awards. 

You will be represented by Plaintiffs’ Counsel at the Fairness Hearing unless you choose to enter an appearance in person or through your own counsel. The appearance of your own attorney is not necessary to participate in the Fairness Hearing.

No. Plaintiffs’ Counsel will represent the Class at the Fairness Hearing, but you are welcome to come at your own expense. If you send any objection, you do not have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend if you wish.

You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear in Nosalek et al. v. MLS Property Information Network, Inc., et al., Case No. 20-cv-12244-PBS.” Be sure to include your name, address, telephone number and your signature. Your Notice of Intention to Appear must be postmarked no later than September 2, 2025, and be sent to the Clerk of the Court, Plaintiffs’ Counsel and MLS PIN’s Counsel, at the addresses in FAQ 16 above. You cannot speak at the hearing if you excluded yourself.

In addition to Nosalek, there are numerous other actions involving similar claims, including: Burnett et al. v. National Association of Realtors, et al., Case No. 19-CV-00332-SRB (W.D. Mo.); Moehrl et al. v. Nat’l Ass'n of Realtors et al., Case No. 1:19-cv-01610 (N.D. Ill.); Gibson et al. v. Nat’l Ass’n of Realtors et al., Case No. 23-CV-788-SRB (W.D. Mo.); Batton v. NAR, Case No. 1:21-cv-00430 (N.D. Ill.); Batton v. Compass, Case No. 1:23-cv-15618 (N.D. Ill.); Burton v. Nat’l Ass’n Realtors, Case No. 7:23-cv-05666-JD (D.S.C.); QJ Team, LLC and Five Points Holdings, LLC v. Texas Ass’n of Realtors, Case No. 4:23-cv-01013 (E.D. Tx.); March v. REBNY, Case No. 1:23-cv-09995 (S.D.N.Y.); 1925 Hooper LLC v. Nat’l Ass’n of Realtors, Case No. 1:23-cv-05392-SEG (N.D. Ga.); Moratis v. West Penn Multi-List, Inc., Case No. 2:23-cv-2061 (W.D. Pa.); Parker Holding Group, LLC v. Fla. Ass’n of Realtors, 23-TC-187328252 (Fla. Cir. Ct.); Grace v. Nat’l Ass’n of Realtors, Case No. 3:23-cv-06352 (N.D. Cal.); Masiello v. Arizona Association of Realtors, Case No. 2:24-cv-00045 (D. Ariz.); Tuccori v. At World Properties, LLC, Case No. 2:24-cv-00150 (N.D. Ill.); Whaley v. Nat’l Ass’n of Realtors, Case No. 2:24-cv-00105 (D. Nev.); Fierro v. National Association of Realtors, Case No. 2:24-cv-00449 (C.D. Cal.); Friedman v. REBNY et al., Case No. 1:23-cv-00405 (S.D.N.Y.); Willsim Latham v. MetroList, Case No. 2:24-cv-00244 (E.D. Cal.); Maslanka v. Baird & Warner Inc., 1:24-cv-02399 (N.D. Ill.); Peiffer v. Latter & Blum Holding, LLC, et al., Case No. 2:24-cv-00557 (E.D. La.); Wang v. Nat’l Ass'n of Realtors et al., Case No. 1:24-cv-02371 (S.D.N.Y.); Jutla v. Redfin Corporation, 2:24-cv-00464 (W.D. Wash.); Hartz v. Real Estate One, Inc., 1:24-cv-03160 (N.D. Ill.); Wutsch v. William Raveis Real Estate, Inc., FST-CV-24-6067981-S (Conn. Super. Ct.); Burton v. Bluefield Realty, Case No. 7:24−cv−01800-JDA (D.S.C.); 1925 Hooper LLC v. Watson Realty Corp., Case No. 3:24-cv-00374 (M.D. Fla.); 1925 Hooper LLC v. Arc Realty, 24-cv-00495 (N.D. Ala.); Wallach v. Silvercreek Realty Group LLC, Case No. 1:24-cv-3356 (N.D. Ill.); Lutz v. Homeservices of America, Inc., et al. 4:24-cv-10040-KMM (S.D. Fla.); Davis v. Hanna Holdings, Inc. 2:24-cv-02374 (E.D. Pa.); among others. MLS PIN is not a defendant in any of the above actions or any other action involving similar claims. If you are a member of a class in any other cases involving similar claims, you may have additional rights to participate in or exclude yourself from ongoing litigation or settlements in those cases.

This settlement website is only a summary. For a more detailed statement of the matters involved in the lawsuits or the settlement, you may refer to the papers filed in this case during regular business hours at the office of the Clerk of Court, U.S. District Court for the District of Massachusetts, 1 Courthouse Way, Second Floor, Suite 2300, Boston, Massachusetts 02210: Nosalek, et al. v. MLS Property Information Network, Inc., et al., Case No. 20-cv-12244-PBS. The full Settlement Agreement and certain pleadings filed in the case are also available in the Documents section of this settlement website, or they can be requested from the Notice Administrator or the Plaintiffs’ Counsel identified above in FAQ 16 above.

It is your responsibility to inform the Notice Administrator of your updated information. You may do so at the address below, calling toll-free (833) 933-6273 or at the Contact Us page of this settlement website:

Nosalek et al. v. MLS PIN Settlement

c/o Kroll Settlement Administration LLC

P.O. Box 5324

New York, NY 10150-5324