In August 2024, the Department of Justice (DOJ) and eight states filed a civil antitrust lawsuit against RealPage Inc., alleging that its software was used to unlawfully decrease competition among landlords and maximize profits. Last week, the DOJ, now joined by ten states, filed an amended complaint alleging that landlords Greystar Real Estate Partners LLC, Blackstone’s LivCor LLC, Camden Property Trust, Cushman & Wakefield Inc., Pinnacle Property Management Services LLC, Willow Bridge Property Company LLC, and Cortland Management participated in the price-fixing scheme. These companies operate over 1.3 million residential units across 43 states and the District of Columbia.

According to the amended complaint, these landlords shared sensitive information through RealPage’s pricing algorithm to decrease competition and increase corporate profits. Jennifer Bowcock, RealPage’s Senior Vice President of Communications, rebutted the allegations, arguing that issues with housing affordability stem from the limited supply of residential units and that the government should “stop scapegoating RealPage – and now [its] customers – for the housing affordability problems.”

The DOJ also announced a proposed consent decree with Cortland Management, where the claims against Cortland would be resolved in exchange for agreeing to cooperate with the DOJ’s ongoing investigation against the remaining defendants. Under the terms of the proposed agreement, Cortland would be barred from using a competitor’s sensitive data to train a pricing model, pricing units with the assistance of an algorithm without court supervision, and soliciting or disclosing sensitive information with other companies to set rental prices. A spokesman for Cortland indicated that it is pleased with the outcome and is looking forward to “improv[ing the] resident experience” in 2025. Under the Tunney Act, P.L. 93-528, the proposed consent decree will be published in the Federal Register for a 60-day comment period, after which the court can enter final judgment. The case is United States v. RealPage Inc., dkt. no, 1:24-cv-00710 (LCB) (M.D.N.C. filed Aug. 23, 2024).

Photo of Jennifer Driscoll Jennifer Driscoll

Jennifer Driscoll focuses her practice on investigations, litigation, arbitration, mergers, and counseling. Jen has extensive experience in the medical devices, pharmaceutical, electronic components and automotive industries, with a particular knowledge of industries in Japan and Taiwan. She is a member of the firm’s…

Jennifer Driscoll focuses her practice on investigations, litigation, arbitration, mergers, and counseling. Jen has extensive experience in the medical devices, pharmaceutical, electronic components and automotive industries, with a particular knowledge of industries in Japan and Taiwan. She is a member of the firm’s Business Litigation Group.

An experienced commercial litigator, Jen defends corporations and individuals against alleged antitrust and anti-corruption claims, both civil and criminal. Her recent cases, which include cartel matters, safety audits and agency inquiries, reflect her skills with government investigations and compliance issues. Jen has represented clients in international cartel investigations, merger investigations, and Sherman Act Section Two class action lawsuits in federal courts. She has also counseled international clients about antitrust laws relating to mergers and acquisitions, represented both corporations and individuals in the Antitrust Division’s investigation of the auto parts industry, and defended clients in federal and multi-state investigations involving the False Claims Act and consumer product issues. Jen has been a member of panels discussing antitrust issues, international cartels and unilateral conduct, both in the U.S. and abroad, and has written articles and papers on these topics. View her bio on rc.com

Photo of Daniel Lass Daniel Lass

Daniel J. Lass is a member of the Data Privacy + Cybersecurity and Artificial Intelligence Teams, advising clients on compliance with state and federal privacy laws. He is also a member of the Intellectual Property + Technology group with a concentration on the…

Daniel J. Lass is a member of the Data Privacy + Cybersecurity and Artificial Intelligence Teams, advising clients on compliance with state and federal privacy laws. He is also a member of the Intellectual Property + Technology group with a concentration on the preparation and prosecution of patent applications in electro-mechanical and mechanical-related areas and other disciplines.  Read his full rc.com bio here.