RealPage Is Ready to Hit Back in the Fight Over Rent Pricing Algorithms

Antitrust attorney Kenneth Racowski was interviewed for a Bisnow article reviewing ongoing litigation surrounding RealPage and its artificial intelligence-powered revenue management software. The U.S. Department of Justice (DOJ), along with 10 state attorneys general, sued the company, accusing it of violating antitrust law by allowing landlords to fix prices and engage in anticompetitive behavior through using its AI Revenue Management platform. RealPage contends these tools do not facilitate collusion and that landlords, not AI, are the ones setting rents. Mr. Racowski noted that the lawsuits span both the Biden and Trump Administrations, showing the federal government continues to keep a close eye on this area. He also highlighted that a theme in the cases is the question of public versus non-public information when it comes to what data is being input into the software: Settlements between the DOJ and major property managers include provisions that prohibit sharing competitively sensitive information with RealPage and other landlords.

"For better or worse, the line that seems to be drawn in the sand is this distinction between confidential versus non-confidential public information as to pricing," he said.

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