NAR subpoenaed in PLS lawsuit - Utah Homes Real Estate

NAR subpoenaed in PLS lawsuit - nar pls lawsuit — NAR subpoenaed in PLS lawsuit

A subpoena issued by the National Association of Realtors (NAR) in its ongoing legal fight with ThePLS.com has raised questions about the scope of the case. The order, served to the American Real Estate Association (ARA), demands documents tied to a past initiative unrelated to the lawsuit’s core dispute over private listings.

Jason Haber, a Compass agent and ARA co-founder, revealed the subpoena on June 22, calling its relevance into doubt. In an Instagram reel, he displayed the legal order, which requests all materials connected to the NAR Accountability Project—a reform effort he led in 2023 after sexual misconduct allegations surfaced within the association.

Haber argued the request makes little sense. The project had already dissolved before ARA was formed, and he questioned why NAR would seek sensitive communications involving victims in a case centered on marketing rules. “What does this have to do with a lawsuit about private listings?” he asked.

ARA’s legal team plans to contest the subpoena, which arrived in May with a June 18 deadline for compliance. Haber, who co-founded ARA with ThePLS.com creator Mauricio Umansky, emphasized his commitment to protecting those involved in the accountability effort.

The subpoena also seeks documents and communications between ARA and ThePLS.com or its Spanish-language counterpart, TheNLS.com. It further demands records related to NAR’s Clear Cooperation Policy (CCP), as well as any exchanges between ARA and ThePLS.com’s other co-founders: Christopher Dyson, David Parnes, and James Harris.

NAR did not respond to a request for comment.

The legal dispute traces back to 2020, when ThePLS.com first sued NAR over the CCP, claiming the policy violated antitrust laws. The rule requires Realtor-affiliated MLSs to publish listings within one business day of public marketing. After a 2024 dismissal without prejudice, ThePLS.com revived the case last summer, arguing the policy pushed it out of the market and restricted seller choice.

NAR had previously signaled readiness to defend itself if the lawsuit resumed. The association later added a “delayed marketing” option for sellers but kept the CCP intact after internal review.

The NAR Accountability Project launched in August 2023 amid widespread criticism of the trade group’s leadership, including then-President Kenny Parcell. Within days, over 1,000 people backed the initiative, which pushed for leadership changes and the release of NDAs for non-trade-secret cases. Parcell stepped down shortly after.

Under new CEO Nykia Wright, NAR has pledged to reform its culture and improve transparency. The subpoena’s focus on the defunct project, however, has left Haber and others questioning its connection to the ongoing litigation.