DOJ Files Antitrust Suit Against RealPage, Maker Of Rent-Setting Algorithm

The lawsuit, which comes in the wake of a ProPublica investigation into the Texas company, accuses RealPage of taking part in an illegal price-fixing scheme to reduce competition among landlords to boost prices — and profits.

This article was written by Heather Vogell and originally published by ProPublica.

The Department of Justice and eight states on Friday sued the maker of rent-setting software that critics blame for sending rents soaring in apartment buildings across the country.

The civil lawsuit, filed in federal district court in Greensboro, North Carolina, accuses Texas tech company RealPage of taking part in an illegal price-fixing scheme to reduce competition among landlords so they can boost prices — and profits. It also alleges the company took over the market for such price-setting software, effectively monopolizing it.

“RealPage has built a business out of frustrating the natural forces of vigorous competition,” said Assistant Attorney General Jonathan Kanter at a news conference Friday with top department officials. “The time has come to stop this illegal conduct.”

The antitrust lawsuit is the latest — and most dramatic — development to follow a 2022 ProPublica investigation that examined RealPage’s role in helping landlords set rent prices across the country, an arrangement that legal experts said could result in cartel-like behavior. Since then, senators have introduced legislation seeking to ban such practices, tenants have filed dozens of ongoing federal lawsuits, and San Francisco’s Board of Supervisors moved to bar landlords from using similar algorithms to set rents.

Justice Department officials said Friday that their lawsuit followed a nearly two-year investigation into the company. Along with traditional approaches, such as examining internal records, they said their probe involved data scientists who dug into computer code to understand how these algorithms set prices.

RealPage’s software enables landlords to share confidential data and charge similar rents, the officials said.

“We learned that the modern machinery of algorithms and AI can be even more effective than the smoke-filled rooms of the past,” Kanter said, referring to artificial intelligence. “You don’t need a Ph.D. to know that algorithms can make coordination among competitors easier.”

The case has become central to the Justice Department’s efforts to jumpstart antitrust enforcement under the Biden White House. Officials said they are also scrutinizing similar information-sharing exchanges in other industries, including meat processing. “Training a machine to break the law is still breaking the law,” Deputy Attorney General Lisa Monaco said.

But experts say that prosecutors face challenges in applying the more than 100-year-old Sherman Antitrust Act to situations in which competitors rely on new technologies to coordinate their prices.

RealPage, which is owned by the private equity company Thoma Bravo, did not immediately respond to ProPublica’s request for comment. It has previously denied wrongdoing. In a statement published on its website in June, the company said its landlord clients are free to accept or reject its advice and that its impact on the national rental market is smaller than portrayed by the software’s critics.

“RealPage uses data responsibly, including limited aggregated and anonymized nonpublic data where accuracy aids pro-competitive uses,” the company’s statement said. It has previously said it will fight antitrust litigation.