Uthmeier sues the firm behind home-listing flood scores, calling them deceptive

Florida says a score on home listings misleads buyers

On Oct. 23, Florida Attorney General James Uthmeier sued First Street, a New York-based company whose flood and fire scores have appeared on home listings. For anyone selling a Florida home, the state says a high score makes it sell slower and for less. The suit says the scores call some homes major flood risks where FEMA, the federal agency whose maps mark flood zones, sees minimal hazard. Uthmeier, a former chief of staff to Gov. Ron DeSantis, was appointed by DeSantis last year and is on the Nov. 3 ballot, news reports say.

Why it matters: The score has sat beside Florida asking prices on Redfin and Realtor.com, two big home-listing websites. The state's lawsuit says the data also reaches Fannie Mae and Freddie Mac, the two big mortgage buyers, and Allstate's app. So, the state says, the score can reach the buyer's mortgage and insurance, not just the buyer.

The suit says MSCI bought First Street for $120 million in August. MSCI is a financial data company, and index funds pay it to use its market indexes, the suit says. First Street had not commented on the suit as of Oct. 27. It did not respond to Florida Phoenix or to HousingWire, those outlets reported. MSCI did not respond to Bloomberg. First Street's website says its models are "peer-reviewed, transparent, and validated against real-world events."

What's new: Florida is the second state to sue First Street. Nebraska's attorney general sued the company on Aug. 27 on similar claims, Lincoln TV station KOLN reported.

What's next: The state wants a jury trial in Polk County circuit court. We found no court date in what we read.

Who's who

James Uthmeier is Florida's attorney general. Gov. Ron DeSantis appointed him last year, and he is running for election in his own right, Florida Phoenix reports. He was DeSantis's chief of staff before that, and he faces Democrat Jose Javier Rodriguez on Nov. 3, WKMG's voter guide says. First Street Technology is a climate risk data company. The complaint calls it "a Delaware public benefit corporation" with its main office in New York. Matthew Eby is its founder and former chief executive, and he now works for MSCI as head of physical risk, the complaint says. MSCI is a financial analytics firm that licenses its indexes to index funds, the complaint says. FEMA is the federal agency whose National Flood Hazard Layer maps flood zones.

The state says the scores clash with FEMA's maps

First Street scores a property from 1 to 10 for flood, fire, wind, air quality and heat risk, the complaint says. The basic scores are free. But "the actual data behind these scores is hidden behind a paywall," it says.

The complaint's main example is a home in Oldsmar, in Pinellas County, listed on Redfin. FEMA's flood map puts it in "Zone X-Area of Minimal Flood Hazard," the complaint says. First Street gave the same home a Flood Factor of 7 out of 10, labeled "Major" on the listing, the state says.

In a video on X, Uthmeier said FEMA rates such homes "minimal flood hazard, the lowest federal classification," Florida Phoenix reports. "Homes take longer to sell. They sell for less," he said.

The complaint cites a 2025 Zillow study. It found "only 52 percent of homes given a high flood risk assessment eventually sold, whereas 71 percent of homes given a low flood risk eventually sold." That study is not Florida data. The complaint also says Florida Realtors reported in August 2026 that closed sales of single-family homes fell about 1.5% from a year earlier.

The state also points to a 2024 paper by "researchers from the University of Miami and others." The complaint says the paper found "only a 24-percent chance" that the two flood models it studied would agree on whether a property was at risk. It says the paper cautioned "against overreliance of First Street Foundation data for urban flood management."

The complaint quotes Eby in 2023. "If we can make it personal for them, if we make the impacts here and now, that's what we've found as marketers is the best way to convey the impact of something as big as this," he said. The complaint then alleges that First Street "is marketing fear to advance a climate activism agenda while exploiting the same fear to line their pockets."

Where the score shows up

The scores have appeared on home listings at Realtor.com and Redfin, the complaint says. Zillow stopped showing them on its sale listings in late 2025, after a California listing service complained about the accuracy of First Street's models, The Verge reported. Zillow's listings now link to First Street's website instead, The Verge said.

In 2023, Freddie Mac said it would use First Street data in its decisions, joining Fannie Mae, the complaint says. It says First Street "was now providing data to firms that acquire 60% of all loan originations." In 2025, the complaint says, First Street put its data into Allstate's mobile app; Allstate operates in Florida through its Castle Key unit.

Who owns the score

MSCI agreed to pay $120 million in cash for First Street at closing, ESG Today reported in June. It could pay more over the next two years if revenue targets are met, ESG Today said, and the deal was expected to close in the third quarter. The complaint says MSCI bought First Street "for $120 million in August 2026." It says First Street's data is now open to MSCI customers and will be built into MSCI's products.

First Street began as a nonprofit, the First Street Foundation, the complaint says. In 2024, it says, the foundation moved its assets into a company called Risk Factor and sold it to First Street Technology for more than $16 million in cash and stock. The complaint says First Street "raised tens of millions in venture funding from investors like Innovation Endeavors."

What Florida wants

The state brings two counts under Florida's law against deceptive and unfair trade practices: one for unfair practices and one for deceptive ones. It asks the court to stop the practices for good. It also asks for "redress for consumers and disgorgement of ill-gotten gains." It seeks civil penalties of $10,000 per violation, or $15,000 when the victim is a senior or a person with a disability. It wants its legal fees and a jury trial. Florida Phoenix reported the same counts and penalties.

The suit was filed in Uthmeier's name. Assistant Attorney General Lea Pryor signed it electronically.

Nebraska sued first

Nebraska Attorney General Mike Hilgers sued First Street on Aug. 27 in Dakota County District Court, KOLN reported. His suit alleges that many of the scores rest on inaccurate or incomplete property information. It says the company did not disclose that its predictions could differ from federal data or other models. It also says the company has an express policy of refusing to consider consumer disputes, KOLN reported. HousingWire says Florida's suit came "roughly two months" after Nebraska's. We found no First Street response to the Nebraska suit.

Their side

First Street's methodology page says its "models use validated and proven methodologies to ensure model accuracy." It also says, "We create models that are peer-reviewed, transparent, and validated against real-world events." First Street did not respond to Florida Phoenix by Oct. 26 or to HousingWire by Oct. 27, those outlets reported. MSCI did not respond to Bloomberg, whose story ran Oct. 27. Every claim about the scores here is the state's allegation, and no court has ruled.

Sources we read

The complaint, Office of the Attorney General v. First Street Technology, Inc., e-filed Oct. 23, 2026, in the Polk County circuit court; the attorney general's Oct. 23 release. Florida Phoenix, Oct. 26. HousingWire, Oct. 27. Bloomberg via Insurance Journal, Oct. 27. ESG Today, June 24. The Verge, Dec. 1, 2025. KOLN via WOWT, Aug. 27. WKMG News 6 voter guide, Oct. 16. First Street's methodology page, read Oct. 27.