Class Action Litigation Notices Mailed to Consumers
Louisiana REALTORS® • February 21, 2024
An Update from Katie Johnson, NAR Chief Legal Officer and Chief Member Experience Officer
I understand that [your] members may have questions about a notice of a proposed settlement in certain antitrust commission cases that has been sent nationwide this month.
While NAR is not a party to the settlement agreements mentioned in the notice, we wanted to provide some factual information about what the notice means. Please share this information with your members, who can use it as guidance to answer questions from clients:
- On February 1, 2024, a notice was sent to consumers related to settlement agreements reached between RE/MAX, Keller Williams, or Anywhere and the class action plaintiffs in the Burnett, Moehrl, and Nosalek cases. NAR is not involved in the proposed settlements.
- The notice gives members of the settlement class information about how to, e.g., make a claim or opt-out of the settlements if, for example, they want to bring their own lawsuits against one or more of the defendants.
- The proposed settlements between these parties are scheduled to be considered for final approval by the US District Court for the Western District of Missouri on May 9, 2024.
- If someone asks for more details about the RE/MAX, Keller Williams, or Anywhere settlements or whether they should make a claim or opt out of the settlements, you could suggest that they consult an attorney. You can also refer them to the website listed on the notice for further information.
As always, updated information about NAR’s position in these and other cases can be found on competition.realtor. Please reach out directly to me or my team with any questions.
From the Louisiana Department of Insurance: Insurance Commissioner Tim Temple announced today that the Louisiana Department of Insurance (LDI) continues its work to develop a regulation creating benchmark discounts for Fortified roofs in Louisiana. The LDI is working with the National Association of Insurance Commissioners (NAIC) to develop the benchmark discounts using Louisiana-specific data, hurricane modeling and actuarial considerations. “With over 11,000 Fortified roofs in Louisiana and two years-worth of insurer experience with rating for those roofs in our state, now is an appropriate time for the LDI to establish benchmark discounts for homeowners insurance companies operating in our market,” said Commissioner Temple. “These benchmarks are being thoughtfully developed to help consumers receive the discounts they deserve for fortifying their homes while making sure insurers know the benchmarks reflect how much Fortified roofs actually mitigate their exposure to risk across Louisiana.” Like in Alabama’s Fortified benchmark discount structure, the LDI regulation would require Louisiana insurance companies to either meet the minimum benchmark discount established by the LDI or provide actuarial justification for why the company’s discount does not meet the benchmark. Louisiana is the fastest growing state for Fortified roofs in America. To date, over 11,000 Fortified roofs have been installed in Louisiana, including over 4,100 through the Louisiana Fortify Homes Program.
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