A major real estate technology provider has blocked access to data critical to one of the industry’s largest antitrust lawsuits.
Plaintiffs in the Sitzer/Burnett case asked a federal judge on Tuesday to intervene after FBS, the company behind the Flexmls platform, refused to release listing and seller data it holds for hundreds of multiple listing services. Flexmls serves over 330,000 subscribers nationwide.
Data dispute delays class certification
The motion states that FBS is violating settlement terms signed by more than 500 MLSs. Those agreements explicitly permit plaintiffs to obtain data from third-party providers like FBS to support litigation in the related Gibson case.
Attorneys need the data to certify a class and calculate damages. Gathering it from FBS would be faster than requesting records from each MLS individually. The company has confirmed it holds historical listing data, including commission details, for over 100 MLSs.
After months of talks, FBS declined to produce the records, citing contractual limits with some clients. Plaintiffs argue those restrictions are overridden by the court’s order and the settlement agreements.
FBS informed its MLS clients about the subpoena but omitted their settlement obligations. Most MLSs did not respond, and several of those that did refused consent. The company has not disclosed which organizations objected.
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Court asked to clarify settlement terms
The motion seeks a court order reminding opt-in MLSs of their consent to data release. It also proposes a seven-day deadline for objections. If an MLS does not object within that period, it would be considered to have agreed to the release of its data by third parties.
Objections would lead to additional briefing and a ruling on whether the settlement terms apply.
The Sitzer/Burnett case accused the National Association of Realtors and several large brokerages of working together to keep commissions high. A jury sided with plaintiffs in October 2023. NAR settled in March 2024 for $418 million, covering Realtor association-owned MLSs and allowing others to join separately.
A final judgment was entered in early 2025, but the agreement faces an appeal. A three-judge panel in St. Louis is reviewing the case and should rule by mid-2026.
FBS did not respond to requests for comment.
The dispute highlights how agents control access to key market information.
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