Landlords and property managers can’t collude on rental pricing. Using new technology to do it doesn’t change that antitrust fundamental. Regardless of the industry you’re in, if your business uses an algorithm to determine prices, a brief filed by the FTC and the Department of Justice offers a helpful guideline for antitrust compliance: your algorithm can’t do anything that would be illegal if done by a real person.
I just read the joint legal brief, and, I have to say up front that I am not remotely a lawyer… but the document specifies how and where to identify price fixing, and that motions to dismiss those charges are to be dismissed.
So it doesn’t dictate the penalties for price fixing (I assume that’s on a trial by trial basis—but again, not a lawyer), but it makes it impossible(?) to ignore, and suggests that (to me), users of ‘RENTMaximizer’ will be in the crosshairs… while not actually stating that.
There will be an investigation into the algorithms you use to estimate optimism, to make sure you do not collude with Hopelords to inflate optimism quotients and rob hopees through conspiracy.
Do not resist.
That type of direct agreement is not necessary to prove collusion (makes it easier to prosecute certainly) but intent doesn’t matter legally. Using a software that has an inbuilt collusion algorithm is still collusion. This is also on a larger scale than mom+pop these algorithms and software were/are used by much larger companies that own magnitudes more units.
And immediate consequences will result for the violators I assume?
I just read the joint legal brief, and, I have to say up front that I am not remotely a lawyer… but the document specifies how and where to identify price fixing, and that motions to dismiss those charges are to be dismissed.
So it doesn’t dictate the penalties for price fixing (I assume that’s on a trial by trial basis—but again, not a lawyer), but it makes it impossible(?) to ignore, and suggests that (to me), users of ‘RENTMaximizer’ will be in the crosshairs… while not actually stating that.
Thanks, friend. My optimism has increased by 3-5%. It now sits at 3-5%. (Seriously, thanks though. That’s some quality researching)
There will be an investigation into the algorithms you use to estimate optimism, to make sure you do not collude with Hopelords to inflate optimism quotients and rob hopees through conspiracy. Do not resist.
The AZ Attorney General seems to be working on it at least.
https://www.azag.gov/press-release/attorney-general-mayes-sues-realpage-and-residential-landlords-illegal-price-fixing
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That type of direct agreement is not necessary to prove collusion (makes it easier to prosecute certainly) but intent doesn’t matter legally. Using a software that has an inbuilt collusion algorithm is still collusion. This is also on a larger scale than mom+pop these algorithms and software were/are used by much larger companies that own magnitudes more units.
The joint legal brief clarifies that it is indeed collusion. And continues to explain how this is a technological evolution of the handshake.
Interesting. To my non-lawyer mind, use of these types of algorithms is collusion by definition.
The FTC agrees.
Yes, the person you are replying to may not have the most accurate take on the situation.
On the internet? It can’t be!
Sorry, no.