In
an
email
sent
to
NAR
and
MLS
leaders,
Reffkin
noted
that

Compass
voted
against
the
policy
when
it
was
introduced
in
2019. 

“Since
CCP’s
inception,
Compass
has
consistently
acted
to
demonstrate
its
non-adherence
to
the
policy’s
consumer
restrictions,
utilizing
Compass
Private
Exclusives
and
Compass
Coming
Soons
to
provide
consumers
with
broader
choices
and
options
to
market
properties
outside
of
NAR’s
MLSs,”
Reffkin
wrote. 

Reffkin
added
that
Compass
has
consistently
lobbied
NAR
and
local
MLSs
for
the
removal
of
the
policy,
claiming
that
it
is
anti-competitive
and
anti-consumer
in
nature.
Some
of
these
efforts,
which
Reffkin
highlighted
in
his
email,
include
issuing
a
demand
letter
to


Bright
MLS
in
October
2019

as
it
implemented
the
policy
early,
discussing
the
company’s
opposition
to
the
policy
with
representatives
from
the


Department
of
Justice
and
formally
proposing
the
removal
of
the
rule
to
NAR’s
Emerging
Issues
Committee. 

“For
many
years,
Compass
repeatedly
warned
the
industry
of
the
legal
risk
of
rules
like
CCP,
especially
from
future
class
actions.
In
the
coming
years,
the
risk
is
significant
that
the
industry
could
face
class
actions
that
are
distinct
from
the
currently
pending
compensation-focused
cases,
with
the
potential
for
a
significant
amount
of
damages.”

Reffkin
states
that
despite
this
formal
declaration,
nothing
is
really
changing
for
Compass
agents
who
he
claims
are
“trained
to
comply
with
local
MLS
regulations,
not
national
NAR
mandates
restricting
client
options.”

Instead
of
following
NAR’s
MLS
policies,
Reffkin
said
that
“Compass
will
continue
to
determine
on
a
market-by-market
basis
whether
to
require
its
listing
brokers
to
submit
listings
on
a
multiple
listing
service
within
any
specific
timeframe.
These
decisions
are
made
based
solely
on
Compass’s
own
business
interests,
independent
of
NAR
and
any
other
brokerage.”

NAR
did
not
return
a
request
for
comment.

This
is
Compass’s
latest
move
in
its
battle
against
CCP.
The
brokerage
is
currently
in
the
middle
of
two
legal
battles,

one
with

Northwest
MLS
and

another
with

Zillow
over
the
two
firms’
listing
policies,
which
do
not
allow
Compass
to
use
parts
of
its
three-phased
marketing
plan.