How Algorithmic Pricing Tools Face Legal Heat in By Department of Justice

The U.S. Department of Justice (DOJ) has filed a lawsuit against Cushman & Wakefield (CWK), Blackstone's LivCor (BX), Camden Property Trust (CPT), and other major landlords, alleging that they coordinated rental prices through property management software developed by RealPage. This marks the DOJ's first case alleging algorithmic collusion in the housing rental market. The lawsuit accuses the landlords of sharing non-public rental pricing data and strategies, facilitated by RealPage software, to suppress competition and inflate rents. The amended lawsuit, filed in North Carolina, expands an earlier case against RealPage and now includes prominent landlords and property managers such as Greystar Real Estate Partners and Cushman's Pinnacle Property Management Services. RealPage has denied the allegations and is seeking dismissal of the case, while other defendants, including Greystar, have vowed to defend against the claims. Meanwhile, Cortland Management has agreed to settle the allegations, citing its use of proprietary software not reliant on external data sources. Market Overview:

• DOJ files suit against Cushman & Wakefield, Blackstone’s LivCor, and others for alleged rental price collusion.
• RealPage software accused of facilitating anti-competitive pricing practices among landlords.
• Case impacts major landlords across multiple states, including California, Colorado, and Tennessee.

Key Points:

• Landlords allegedly used RealPage to share non-public rental pricing data and strategies.
• Illinois and Massachusetts have joined the expanded lawsuit against landlords and property managers.
• Cortland Management settles allegations, citing independent pricing tools.

Looking Ahead:

• Legal scrutiny on RealPage and major landlords could reshape rental market practices.
• Potential settlements or rulings may lead to stricter regulations on algorithmic pricing tools.
• Impacts on rental affordability and transparency will be closely monitored by policymakers and tenants.

This lawsuit highlights the increasing regulatory focus on the intersection of technology and housing affordability. The DOJ’s allegations of algorithmic collusion underscore the potential risks posed by software platforms like RealPage, which are designed to optimize rental pricing but may inadvertently harm competition. The case could set a precedent for how technology is regulated in real estate markets. As the lawsuit progresses, its outcome may significantly impact the operations of major landlords and property managers. Enhanced regulatory oversight and potential reforms could drive greater transparency in rental pricing, addressing concerns about affordability in housing markets nationwide. Companies like Cushman & Wakefield and Blackstone’s LivCor face mounting pressure to adapt to a changing regulatory landscape.

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