Friday, May 18, 2007

FTC v. RealComp update

It has been some time since I last posted on the status of the FTC’s administrative action against RealComp. If you are interested in the nitty gritty, the FTC's complaint can be viewed here. Essentially the FTC is challenging RealComp's practice of withholding exclusive agency listings (typically used by non-traditional brokers) from its upload to Realtor.com.

Here is an update on the case:

In late April 2007 RealComp filed a Motion for Summary Decision, arguing that the FTC had failed to state a claim upon which relief can be granted. The FTC has filed a response to the Motion, and the ALJ will presumably rule upon same before the trial.

On May 7, 2007 the parties submitted another joint status report. Interestingly, the Report discloses that “Realcomp’s Board of Governors voted last week to change Realcomp’s Search Function Policy . . . Pursuant to this change, the Realcomp MLS search screen will no longer have a default with regard to listing type. The parties will address the import of this change in their respective pretrial briefs.”

A recently issued scheduling order makes no mention of a ruling on the motion to dismiss, or on the trial date, which was previously set for June 19, 2007.