Nosalek v. MLS Property Information Network, Inc.

Plaintiffs brought this antitrust class action against Defendants for allegedly engaging in a conspiracy in restraint of trade in violation of § 1 of the Sherman Act, 15 U.S.C. § 1. Plaintiffs sold their homes in Massachusetts using the multiple listing service (MLS) Pinergy. As a condition of listing their homes, Plaintiffs were required to include a single, set offer of compensation to any broker who found a buyer for their home, and to pay that offer amount as a commission in connection with the sale of their home. This requirement is anticompetitive and causes sellers to pay artificially inflated, supra-competitive commission rates. Various Defendants moved to dismiss Plaintiffs’ complaints for failure to plausibly plead causation and conspiracy. Plaintiffs filed a consolidated opposition to Defendants’ motions to dismiss on April 15, 2021. Defendants’ Omnibus Motion to Dismiss was denied on December 10, 2021.

Proposed Class: Sellers who sold their properties in the Pinergy service area in Massachusetts

Status: Plaintiffs filed a Second Amended Complaint on January 9, 2023 that was answered in 9 separate pleadings by various Defendants. This case is currently in active litigation.