Lawsuits & Settlements

Attorney General Bonta Files Amended Complaint in RealPage Lawsuit, Seeks to Hold Landlords Accountable for Artificially High Rent Prices

January 7, 2025
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

OAKLAND — California Attorney General Rob Bonta today, alongside the U.S. Department of Justice and a bipartisan coalition of 10 attorneys general, filed an amended complaint against RealPage and the nation’s largest property management companies for maintaining an unlawful pricing alignment scheme that artificially raised rents and increased rent revenue across the board. Today’s amended complaint names five of the previously unnamed property management companies as defendants — including Camden, Cushman & Wakefield/Pinnacle, LivCor, Willow Bridge and Greystar — and seeks claims under California’s Unfair Competition Law against all defendants. Last August, the Attorney General filed a lawsuit against RealPage, alleging that its unlawful pricing alignment scheme and illegal sharing of confidential pricing and supply information harmed consumers by decreasing competition among landlords, limiting price negotiation, and increasing prices in the rental housing industry. This price alignment scheme affected rental housing throughout the country including in California —especially in multifamily buildings in Southern California including in Orange County, Anaheim, Santa Ana, Irvine, Los Angeles, Long Beach, Glendale, Riverside, San Bernardino, Ontario, Corona, Rancho Cucamonga, Upland, Temecula, Murrieta, San Diego, Coronado, and Carlsbad.

“When it comes reducing the cost of living for Californians, the California Department of Justice is all in. Today’s amended complaint against RealPage and some of the largest property management companies in the country, alleges that the companies artificially inflated rent prices and illegally maintained a minimum pricing floor against market trends, and that not only RealPage, but the landlords that profited from this scheme must be held accountable,” said Attorney General Bonta. “If you are in the renting business you are responsible for knowing and abiding by California laws. The housing affordability crisis hurts renters and those with the lowest incomes the hardest; the profits from these illegal schemes come out of the pockets of the people that can least afford it. California is stronger when we protect tenants and a competitive economy."

RealPage is in the business of generating rent increases and growing revenue for landlords by using algorithmic models to recommend price increases to subscribers. It does so by amassing competitively sensitive data from competing landlords through its pricing algorithms and sharing this data among subscribers. Landlords understand that their nonpublic data will be used to recommend prices not just for their own units, but also for competitors who use the programs, and agree to provide this information because they understand they will benefit from the information of their rivals. In other words, RealPage knows what competing landlords are charging and can increase profits for landlords by using that information to recommend landlords set or raise their prices uniformly, thereby eliminating competition, and leaving renters no choice but to pay artificially high prices.

Over the last four decades, housing needs have significantly outpaced housing production in California. Housing costs have skyrocketed, making it harder for Californians to keep a roof over their heads. California's 17 million renters spend a significant portion of their paychecks on rent, with an estimated 700,000 Californians at risk of eviction.    

The amended lawsuit filed today alleges that RealPage, Camden, Cushman & Wakefield/Pinnacle, LivCor, Willow Bridge and Greystar’s conduct violates both federal antitrust laws and California’s Unfair Competition Law. 

In filing the amended lawsuit, Attorney General Bonta joins the U.S. Department of Justice and the attorneys general of Colorado, Connecticut, Illinois, Massachusetts, Minnesota, North Carolina, Oregon, Tennessee, and Washington.

The amended complaint can be found here

 

Attorney General Bonta Secures Early Win Defending California Law Protecting Children from Social Media Addiction

December 31, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

 Most of landmark child online safety law will take effect on January 1, 2025  

OAKLAND — California Attorney General Rob Bonta today issued a statement in response to the U.S. District Court for the Northern District of California’s decision denying in large part Big Tech’s attempt to stop Senate Bill (SB) 976 from going into effect on January 1, 2025. Also known as the “Protecting Our Kids from Social Media Addiction Act,” SB 976 interrupts the ability of social media companies and other website operators to use addictive algorithmic feeds, notifications, and other addictive design features to trick and hook children and teens to spend hours and hours on their platforms. 

“There is mounting evidence showing the devastating toll that social media addiction can have on our children's mental health and well-being. This addiction is not an accident; it is fed by algorithms deployed by Big Tech,” said Attorney General Bonta. “California’s landmark law allows young people to intentionally develop the relationship they want with social media, rather than the relationship that is most profitable for companies using tricks and traps to glue young people’s eyes to their screens. We are pleased the court understands the importance of giving California families this choice.”

Although the court today upheld most of SB 976, it blocked two portions of SB 976 from taking effect tomorrow on free speech grounds — this aspect of the decision is erroneous because no part of SB 976 regulates speech. The California Department of Justice will continue to vigorously defend this law in court and remains confident in the commonsense statute enacted by both Democrats and Republicans, and supported by teachers, public health professionals, and parents in California.

A copy of the decision can be found here

Drivers, Claim Your Money: Attorney General Bonta Reminds Californians of Gas Antitrust Settlement Deadline

December 17, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

Submit claims online by January 8, 2025

OAKLAND — California Attorney General Rob Bonta today reminded California residents who purchased gas in Southern California between February 20, 2015 and November 10, 2015 to submit a claim for a payment under the state’s antitrust settlement with gas trading firms for tampering with and manipulating prices for California gasoline. The deadline to submit claims is January 8, 2025. Eligible Californians may submit a claim online at www.CalGasLitigation.com.

“California, don’t forget to claim your money! When companies conspire to unlawfully raise prices for consumers, my office steps in, just as we did with our litigation and settlement against two gas trading firms,” said Attorney General Bonta. “As part of this settlement, I am proud to deliver money back to Californians who may have been impacted by gas price manipulation. I urge eligible drivers to submit a claim by January 8, 2025.”

In July 2024, Attorney General Bonta announced a $50 million settlement with gas trading firms, resolving allegations that Vitol, Inc. and SK Energy Americas, Inc., along with its parent company SK Trading International, secretly worked together to tamper with and manipulate spot market prices for California gasoline. If you purchased gasoline in Los Angeles, San Diego, Orange, Riverside, San Bernardino, Kern, Ventura, Santa Barbara, San Luis Obispo, and/or Imperial counties in California between February 20 and November 10, 2015, you may be eligible for a payment. The Attorney General's settlement is in addition to a settlement of a private class action lawsuit filed in federal court.  

To submit a claim, learn full details about your rights and options, and access frequently asked questions, visit www.CalGasLitigation.com

Antitrust enforcement is an essential component of a healthy economy. Competitive marketplaces established through antitrust vigilance help consumers by ensuring fair prices for goods and services, an array of products to choose from, quality goods and services, and the steady introduction of innovative new products. As part of the Attorney General’s commitment to enforce antitrust laws, the California Department of Justice recently launched a new Antitrust Complaint Form. Please click here to report anticompetitive conduct that potentially violates the antitrust laws.

Attorney General Bonta: Californians Can Breathe Easy after Abandonment of Albertsons, Kroger Merger

December 11, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

Merger would have further squeezed the pockets of grocery shoppers

OAKLAND — California Attorney General Rob Bonta today issued a statement after Albertsons announced it was terminating its $24.6 billion merger with Kroger. Kroger and Albertsons are the largest supermarket chains in the country, and the proposed merger presented a significant risk of reduced competition and higher food prices nationwide, especially in Southern California. In February 2024, Attorney General Bonta joined the Federal Trade Commission and a bipartisan coalition of states in filing a lawsuit in the U.S. District Court in Portland to challenge the proposed merger. Today’s announcement follows a court decision yesterday halting the proposed merger. 

“As the fifth largest economy in the world, California has an outsized responsibility in ensuring business practices are fair and competitive, and this week, we’ve delivered. Corporate consolidation means big profits for corporations out of the pockets of California consumers and our local economies. The end of the proposed Kroger-Albertsons merger is a tremendous victory for grocery shoppers, workers, and businesses who compete fairly,” said Attorney General Bonta. “I am proud of the work my office has done in collaboration with the Federal Trade Commission and remain steadfast in my commitment to economic justice and protecting an economy where both businesses and families can thrive.”

Attorney General Bonta: In California Progress Will Prevail

November 7, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN FRANCISCO — California Attorney General Rob Bonta today delivered remarks on California Department of Justice’s preparations to protect California’s values, people, and natural resources ahead of a second Trump Administration. To view a recording of the press conference, please visit here

Attorney General Bonta's Remarks as Prepared for Delivery:

As the reality of a second Trump Administration takes hold, I know there is a great deal of fear, sadness, anxiety, and panic. 

I understand. 

I’m here today to reassure you that in California, progress will prevail. 

No matter who is in the White House, no matter who holds control of Congress, in California we will keep moving forward. 

In California, we will choose calm over chaos. 

Fact over fiction.

Belonging over blame.

Unity over division. 

“Us and we” over “I and me.” 

It’s why we’re the 5th largest economy in the world. Not in spite of our commitment to workers, consumers, and the environment, because of it. 

Because we’re the largest and most diverse state in the nation.

Because we believe in the power of inclusivity.

Because we believe in truth over lies. Hope over hate. Light over dark.

Because  we believe in looking forward.

It’s who we are in the Golden State. It’s in our DNA. Nothing and no one can change that. 

As Attorney General, I’ll continue to use the full force of the law and authority of this office to address injustice. 

To stand up for all people, especially those who have long been overlooked and undervalued.

To safeguard reproductive rights. 

And advocate for more housing — especially more affordable housing for lower and middle-income families just trying to get by.

I’ll continue to take on greedy corporate giants and fight for more affordable gas, groceries, and everything in between.  

I’ll continue to defend our world-renowned natural resources and protect them for generations to come. 

Continue to fight for clean water to drink and clean air to breathe.

Continue to crack down on illicit guns on our streets and get fentanyl out of our neighborhoods. 

Continue to fight for workers.

I’ll continue to protect, defend, and serve every single Californian. No matter your politics. 

I’m here to ensure every person — no matter how they look, how much money they make, where they’re from, who they love, how they identify, or how they pray — can pursue their version of the California Dream. 

A fair wage and good benefits.  

A safe and affordable place to live.  

Affordable and accessible health care. 

Good schools to send our kids to. 

Safe neighborhoods to raise our families. 

That’s my promise to you, no matter who is in the White House.  

We’ve been here before.

We lived through Trump 1.0. 

We know what he’s capable of. 

We know what plans he has in store. 

The silver lining is just that: we know. 

We know to take Trump at his word when he says he’ll roll back environmental protections, go after our immigrant and LGBTQ+ communities, attack our civil rights, and restrict access to essential reproductive care.

Which means, we won’t be flat-footed come January.

You can be sure that as California Attorney General, if Trump attacks your rights: I’ll be there. 

If Trump comes after your freedoms: I’ll be there. 

If Trump jeopardizes your safety and well-being: I’ll be there.

California DOJ did it before and we’ll do it again.  

During the last Trump Administration, California DOJ fought to stop illegal rollbacks and proposals that would’ve harmed the well-being, health, safety, and civil rights of our people and of people across the country. 

That would have caused irrevocable damage to our environment.

No matter who is in charge of the federal government…

No matter what the incoming Administration has in store… California will remain the steadfast beacon of progress it has long been.  

A constant, unwavering, immoveable force to be reckoned with.  

We’ll continue to be a check on overreach and push back on abuse of power. 

Be the antidote to dangerous, extremist, hateful vitriol.

Be the blueprint of progress for the nation to look to.

Remember: in moments of chaos in D.C., you can always look to California for calm resolve. 

California leaders across the state are ready to stand arm-in-arm. 

Governor Newsom and every single Constitutional Officer;  

Senator Padilla and Senator-elect Schiff;  

Democratic members of Congress; 

Pro Tem McGuire, Speaker Rivas, and the California Legislature; 

Mayors, supervisors, and city councilmembers from San Francisco to San Diego are ready to fight for our California values. 

For our people. For our environment.

For progress and justice.

And as necessary, we’re ready to take on the challenges of a second Trump Administration — together.

While a great deal of change is on the horizon…

California’s path to progress remains full steam ahead.

It may not always be linear. Progress so rarely is. 

It zigs and zags. Takes frustrating detours. Inches forward and backward and forward again. 

The detours and setbacks don’t define our progress.

Our commitment to forward momentum defines our progress. Defines us. 

It’s what we do next that will define us. 

If you’re feeling despondent today, remember that you’re not alone. 

In California, we’re not looking back. We’re not moving back. 

We’re California! We’ll meet any challenges head on and rise to the occasion.

As is so often said, as California goes, so goes the nation.

In the days and months and years to come, all eyes will look west. 

In California, they’ll see: we’re still moving forward.

Thank you. 

Attorney General Bonta Secures Court Decision Largely Denying Meta’s Attempt to Evade Responsibility for Children’s Mental Health Crisis

October 15, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

OAKLAND — California Attorney General Rob Bonta, along with a bipartisan coalition of 33 attorneys general, successfully blocked an attempt by Meta to dismiss the coalition’s lawsuit against the company for its part in harming children’s mental health and for allowing young children on its platforms in violation of federal law. In October 2023, Attorney General Bonta co-led a bipartisan coalition of 33 attorneys general in filing a federal lawsuit against Meta. Filed in the U.S. District Court for the Northern District of California, the lawsuit alleges that Meta, among other things, deceived the public regarding its design and deployment of harmful features on Instagram and Facebook that addict children and teens to their mental and physical detriment.

“Meta needs to be held accountable for the very real harm it has inflicted on children here in California and across the country,” said Attorney General Bonta. “Along with legislation providing for market-wide changes, this litigation will help determine how social media companies can be held accountable and how these companies can treat our children for decades to come. I have an immense amount of hope for the future. As the home to the greatest innovators in the world and a robust technology sector, California has a particular opportunity and obligation to be a catalyst for change. Meta can and must do better. Our children deserve their childhoods back.”

Attorney General Bonta, Attorney General James Lead Coalition Suing TikTok for Exploiting Young Users, Deceiving Public

October 8, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

Platform designed to promote excessive, compulsive, and addictive use

SAN FRANCISCO — California Attorney General Rob Bonta and New York Attorney General Letitia James today co-led a bipartisan coalition of 14 attorneys general in filing separate enforcement actions against TikTok for violations of state consumer protection laws. Filed in Santa Clara County Superior Court, Attorney General Bonta’s action alleges that TikTok exploits and harms young users and deceives the public about the social media platform’s dangers. The action seeks significant penalties, as well as injunctive and monetary relief, to address TikTok’s misconduct.

“Our investigation has revealed that TikTok cultivates social media addiction to boost corporate profits. TikTok intentionally targets children because they know kids do not yet have the defenses or capacity to create healthy boundaries around addictive content,” said Attorney General Rob Bonta. “When we look at the youth mental health crisis and the revenue machine TikTok has created, fueled by the time and attention of our young people, it’s devastatingly obvious: Our children and teens never stood a chance against these social media behemoths. TikTok must be held accountable for the harms it created in taking away the time — and childhoods — of American children.” 

“Young people are struggling with their mental health because of addictive social media platforms like TikTok,” said New York Attorney General Letitia James. “TikTok claims that their platform is safe for young people, but that is far from true. In New York and across the country, young people have died or gotten injured doing dangerous TikTok challenges and many more are feeling more sad, anxious, and depressed because of TikTok’s addictive features. Today, we are suing TikTok to protect young people and help combat the nationwide youth mental health crisis. Kids and families across the country are desperate for help to address this crisis, and we are doing everything in our power to protect them.”

Use of TikTok is pervasive among young people in the United States. In 2023, 63% of all Americans aged 13 to 17 who responded to a Pew Research survey reported using TikTok, and most teenagers in the U.S. were using TikTok daily; 17% of American teens said that they were on TikTok “almost constantly.”

In today’s lawsuit, Attorney General Bonta alleges TikTok violated California’s consumer protection statutes, the Unfair Competition Law (UCL), and the False Advertising Law (FAL).

According to the complaint, TikTok’s misconduct arises from its underlying business model that focuses on maximizing young users’ time on the TikTok platform so as to enable the company to boost revenue from selling targeted advertising space. TikTok’s misconduct includes: 

Deploying a content-recommendation system designed to be addictive in order to maximize the time young users spend on the platform. TikTok’s algorithmic features are designed to keep minors on the platform as long as possible and as often as possible, despite the dangers of compulsive use.

Using manipulative features to addict young users and maximize their time on its platform. These features exploit children's psychological vulnerabilities and are deployed to keep kids and teens on the platform for longer. 

BEAUTY FILTERS

Beauty filters and effects are deeply harmful to young users; they foster unrealistic beauty standards, harm self-esteem, and can induce negative body image issues and related physical and mental disorders. TikTok knows these filters and effects significantly increase platform use, particularly among young users, and retains these features despite their harms.

AUTOPLAY

To manipulate users into compulsively spending more time on the platform, TikTok does not allow them to disable Autoplay. TikTok uses Autoplay to continuously play new and temporary posts; this exploits young users’ novelty-seeking minds and eliminates their autonomy to choose to stop.

ENDLESS/INFINITE SCROLL

Endless scrolling compels young users to spend more time on the platform by making it difficult to disengage. It strips away a natural stopping point or opportunity to turn to a new activity and distorts users’ perception of time.

TIKTOK STORIES AND TIKTOK LIVE

Content on these features is only available temporarily — users must tune in immediately or lose the opportunity to interact. These time-sensitive features are designed to encourage young users to compulsively return to the platform by exploiting their uniquely sensitive fear of missing out. 

PUSH NOTIFICATIONS

Push notifications unfairly entice young users by overloading and overwhelming them to return to the platform. Some pushes are designed to keep young users from quitting the platform altogether, and others encourage young users to open the application. TikTok has even used fake notifications to manipulate users into opening its platform. 

LIKES AND COMMENTS

At key development states it can be overwhelmingly important for children and teens to be accepted by their peers. TikTok’s design and display of highlighting “likes” as a form of social validation has an especially powerful effect on young users and can neurologically alter teenagers’ perception of online posts, in addition to driving compulsive use.

Engaging in a scheme that deceptively markets the platform and platform features as promoting young users’ safety and well-being. TikTok employs a coordinated array of features, tools, content moderation efforts, community guidelines, and public assurances intended to promote a public narrative that the platform is appropriate and safe for young users and that TikTok prioritizes user safety. In truth, such features and efforts do not work as advertised, the harmful effects of the platform are far greater than acknowledged, and TikTok does not prioritize safety over profit.

Exploiting children’s data without parental notice or consent. Despite knowing certain users are under 13 years old and despite the platform being directed toward children, TikTok has collected and used personal information from children's accounts without parental consent or notice. Doing so is both unfair and fails to satisfy TikTok’s obligations under federal law. 

Attorneys general from the following states join Attorney General Bonta today in filing separate enforcement actions against TikTok to hold it accountable for its role in the children's mental health crisis: New York, Illinois, Kentucky, Louisiana, Massachusetts, Mississippi, North Carolina, New Jersey, Oregon, South Carolina, Vermont, Washington, and the District of Columbia. As of today, 23 attorneys general have filed actions against TikTok for its conduct toward youth, including existing actions filed by the attorneys general of Utah, Nevada, Indiana, New Hampshire, Nebraska, Arkansas, Iowa, Kansas, and Texas. 

Attorney General Bonta is a steadfast leader in protecting children against the mental health harms of using social media. In March 2022, Attorney General Bonta announced a nationwide investigation into TikTok, and in March 2023, he filed an amicus brief demanding TikTok comply with state investigations. In October 2023, Attorney General Bonta co-led a bipartisan coalition of 33 attorneys general in filing a federal lawsuit against Meta alleging the company designed and deployed harmful features that addict children and teens to their mental and physical detriment, and in November 2023, he announced the public release of a largely unredacted copy of the federal complaint. Last month, Attorney General Bonta issued a statement after Senate Bill 976 (SB 976) was signed into law by Governor Gavin Newsom. SB 976 provides important new protections for young people in California by resetting the defaults on social media platforms to disfavor addictive algorithmic feeds, notifications, and other addictive design features that lead children and teens to spend hours and hours on their platforms. 

A copy of the redacted complaint can be found here

Attorney General Bonta Issues Statement Following Conclusion of Kroger, Albertsons Antitrust Hearing

September 18, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

OAKLAND — California Attorney General Rob Bonta today issued a statement following the conclusion of the preliminary injunction hearing in the state’s lawsuit challenging Kroger’s proposed $24.6 billion purchase of Albertsons:

"This week, California’s antitrust hearing against Albertsons and Kroger came to an end. My office proudly joined the Federal Trade Commission, seven other states, and the District of Columbia in a lawsuit that we believe is critical to protecting California consumers, workers, and competitive markets here and across the country," said Attorney General Bonta. “If these two giants of the retail grocery industry combine forces, it’s likely that we’ll see reduced competition, a blow to unions looking to negotiate better working conditions, and higher food prices at a time when so many families are struggling to get food on the table. We must ensure corporations follow the rules — as the People’s Attorney, I am committed to fighting unlawful corporate consolidation that threatens to increase prices and reduce good jobs.”

Background

In February 2024, Attorney General Bonta joined the Federal Trade Commission and a bipartisan coalition of states in filing a lawsuit seeking to block the proposed Albertsons-Kroger merger, alleging that it is in violation of the federal Clayton Act. Businesses facing less competition have the ability to charge higher prices. Anticompetitive supermarket mergers can result in other harms, including reduced labor market competition, which may lower wages or slow wage growth, worsen benefits or working conditions.

In California, Kroger’s $24.6 billion purchase of Albertsons is expected to further consolidate the highly concentrated retail grocery market in Southern California, leading to fewer choices and higher prices. The merger is also expected to reduce the ability of unions to negotiate working conditions at these stores, impacting thousands of employees in California. In August 2024, Attorney General Bonta issued a statement on the first day of trial. 

In October 2022, Attorney General Bonta and five other state attorneys general sent a letter to Albertsons and Kroger demanding that Albertsons delay a $4 billion payout to stockholders until state attorneys general and the FTC complete their review of its proposed merger with Kroger, to ensure that the proposed action would not result in higher prices for consumers, suppressed wages for workers, or other anticompetitive effects. In November 2022, Attorney General Bonta, along with the attorneys general of the District of Columbia and Illinois, asked the D.C. District Court to temporarily block Albertsons' planned $4 billion payment amid concerns that the payment would dramatically hamper Albertsons' ability to compete. Also in November 2022, Attorney General Bonta, along with the attorneys general of the District of Columbia and Illinois, filed a motion for a preliminary injunction to block Albertsons' planned $4 billion payment of a "special dividend" to shareholders.

Attorney General Bonta Issues Statement on First Day of Trial in Challenge to Kroger and Albertsons Megamerger

August 26, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

Merger to impact consumers and workers in Southern California 

OAKLAND — California Attorney General Rob Bonta today issued a statement on the first day of trial in the state’s lawsuit challenging Kroger’s $24.6 billion purchase of Albertsons. Kroger and Albertsons are the two largest national supermarket chains in the country and this merger presents a significant risk of reduced competition and higher food prices nationwide. In California specifically, the Albertsons-Kroger merger is expected to further consolidate the highly concentrated retail grocery market in Southern California, leading consumers to face fewer choices and higher prices. The merger is also expected to reduce the ability of unions to negotiate working conditions at these stores, impacting thousands of employees in California.

In February 2024, Attorney General Bonta joined the Federal Trade Commission and a bipartisan coalition of states in filing a lawsuit that seeks to block the proposed Albertsons-Kroger merger, alleging it is in violation of the federal Clayton Act. 

“Across California, families are struggling to make ends meet and wincing at the price of everything from groceries to gas. As the People’s Attorney, it is my honor to stand up to big corporations who only care about their bottom line and directly contribute to this unaffordability. That is exactly what we are doing with this lawsuit,” said Attorney General Bonta. “This merger will leave Californians with fewer choices over where to shop – and for workers in this industry, where to work. We are in court today to prevent this unlawful attempt by Kroger and Albertsons to merge their operations and reduce competition in the marketplace.”

 

Attorney General Bonta Files Lawsuit Against RealPage for Unlawfully Enabling Landlords to Raise Rents of Californians

August 23, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

Pricing alignment schemes contributed to higher rent prices throughout Southern California 

OAKLAND — California Attorney General Rob Bonta today, alongside the U.S. Department of Justice, and a bipartisan coalition of eight attorneys general, filed a lawsuit against RealPage, a revenue management software company used by landlords to price multifamily rental housing units. The lawsuit alleges RealPage enabled landlords to artificially raise rents by participating in a pricing alignment scheme that increased their rent revenue across the board, enabled by the illegal sharing of confidential pricing and supply information. This harmed consumers by decreasing competition, limiting price negotiation, and increasing prices in the rental housing industry. Pricing alignment schemes affected rental housing throughout California, especially in multifamily buildings in Southern California including in Orange County, Anaheim, Santa Ana, Irvine, Riverside, San Bernardino, Ontario, Rancho Cucamonga, Temecula, Murrieta, San Diego, and Carlsbad.

“Anticompetitive agreements are illegal, whether done by a human or software program. RealPage misused private and sensitive consumer data to take the competition out of the rental industry, leaving renters no other choice but to pay the intentionally high prices that landlords agreed to set,” said Attorney General Bonta. “This means that even if rental home supply was high, rent prices stayed the same, and in some cases, rents went up. This conduct is unacceptable and illegal, and given California’s current housing shortage and affordability crisis, it is causing real harm. Every day, millions of Californians worry about keeping a roof over their head and RealPage has directly made it more difficult to do so.”

RealPage is in the business of generating rent increases and growing revenue for landlords by using algorithmic models to recommend price increases to subscribers. It does so by amassing competitively sensitive data from competing landlords through its pricing algorithms and sharing this data among subscribers. Landlords understand that their nonpublic data will be used to recommend prices not just for their own units, but also for competitors who use the programs. Landlords agree to provide this information because they understand they will benefit from the information of their rivals. In other words, RealPage knows what competing landlords are charging and can increase profits for landlords by using that information to recommend landlords set or raise their prices uniformly, thereby eliminating competition, and leaving renters no choice but to pay artificially high prices.

Over the last four decades, housing needs have significantly outpaced housing production in California. Housing costs have skyrocketed, making it harder for Californians to keep a roof over their heads. California's 17 million renters spend a significant portion of their paychecks on rent, with an estimated 700,000 Californians at risk of eviction.   

The lawsuit filed today alleges RealPage violated Sections 1 and 2 of the Sherman Antitrust Act, which prohibits anticompetitive agreements, monopolization, and attempted monopolization. Monopolization offenses occur when a single firm maintains a monopoly unlawfully, by using its control of the market to exclude rivals and harm competition. RealPage’s unlawful sharing of nonpublic, competitively sensitive data aligns landlords’ pricing and effectively removes the competitive pressure that benefits renters. Without competitive pressure, landlords have no incentive to decrease prices or offer discounts common in rental markets, like a free month or waived fees. RealPage’s rivals who lawfully compete on merits cannot guarantee landlords the increased profits that RealPage can provide, this maintains and protects RealPage’s monopoly power. 

The lawsuit seeks to end:

  • The anticompetitive agreements between RealPage and its landlord customers to share confidential, competitively sensitive information.
  • A pricing alignment scheme to raise rents for the American public.
  • RealPage’s illegal monopoly in revenue management software built on the competitors’ data that it collects and uses.

In filing the lawsuit, Attorney General Bonta joins the U.S. Department of Justice and the attorneys general of Colorado, Connecticut, Minnesota, North Carolina, Oregon, Tennessee, and Washington.

A copy of the complaint can be found here