NWMLS Files Counterclaim in Federal Court
“We are standing up for the principle that every family has the right to see every home for sale, because housing data belongs in the sunlight, not in a private vault.” — Justin Haag, NWMLS CEO
Well, that didn’t take long.
Two weeks after Judge Jamal Whitehead denied NWMLS’s motion to dismiss — ruling that Compass had plausibly alleged antitrust violations under both the Sherman Act and Washington’s Consumer Protection Act — NWMLS has done exactly what it telegraphed back in December: filed counterclaims against Compass in federal court.
And they didn’t come in with some polite procedural filing. They came in throwing haymakers.
The counterclaims allege that Compass’s “3-Phase Marketing Program” violates Washington’s Consumer Protection Act — calling it a deceptive scheme designed to manipulate and hide critical data from the public. NWMLS is essentially arguing that pocket listings aren’t innovation, they’re consumer fraud. The specific allegations are pointed: artificially resetting days-on-market and price history to deceive buyers, suppressing the natural auction effect that gets sellers the best price, and actively encouraging Compass agents to violate their professional agreements.
That last one, contractual interference, is a big deal. NWMLS is saying Compass didn’t just build a competing system, it incentivized its own brokers to break their commitments to the MLS. That’s not a policy disagreement.
Here’s the part that really changes the game: NWMLS points out that Washington’s Senate Bill 6091, which takes effect this June, codifies the exact transparency standard NWMLS has enforced for decades — brokers must market properties broadly to the public and all other brokers. In other words, the state legislature looked at this fight and picked a side. And it wasn’t Compass’s side.
For those keeping score at home: Compass sued NWMLS in April 2025, alleging the MLS was a monopolist wielding its listing rules to crush Compass’s private listing strategy. NWMLS tried to get the case thrown out. The judge said no. And now NWMLS is swinging back — not just with “we did nothing wrong” but with “what you’re doing is illegal, deceptive, and bad for consumers.”
This is the first time an MLS has gone on offense against Compass in court. For years, the industry debate around private listings and Clear Cooperation has been fought through rule changes, press releases, and conference panel shade. Now it’s depositions and counterclaims.
The trial is set for October 2026, and with SB 6091 going live in June, Compass is about to be fighting a legal battle and a new state law at the same time. In the same state.
October is going to be fun.
