Ky. Off. of the Att'y Gen., Complaint, Commonwealth v. RealPage, Inc. (filed July 2, 2025)

Citation: Ky. Off. of the Att'y Gen., Complaint, Commonwealth v. RealPage, Inc. (filed July 2, 2025)
Jurisdiction: Kentucky (state)
Source: Official source
Original Source: https://www.ag.ky.gov/Press%20Release%20Attachments/2025.07.02%20Realpage%20C... ↗

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sensitive information between and among Defendants, causing anticompetitive effects without

sufficient procompetitive justifications.

160. This information exchange has been undertaken in furtherance of a price fixing

agreement, which is unlawful per se. Defendants’ conduct is also unlawful under either a “quick

look” or rule of reason analysis because the exchange is anticompetitive with no valid

procompetitive justifications. Moreover, even if there were valid procompetitive justifications,

such justifications could have been reasonably achieved through means less restrictive of

competition.

161. Kentucky, as parens patriae, is entitled to treble damages, attorneys’ fees and

costs, and an injunction against Defendants to end the ongoing violations alleged herein.

COUNT III
Violations of the Kentucky Consumer Protection Act
KRS § 367.175

162. The Commonwealth reasserts, realleges, and incorporates by reference each of

Paragraphs 1-149, above, as though fully set forth herein.

163. KRS § 367.175(1) states that “[e]very contract, combination in the form of trust

and otherwise, or conspiracy, in restraint of trade or commerce in this Commonwealth shall be

unlawful.”
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 164. By entering into an agreement providing for the use of RealPage’s RMS software

and related services, as well as the exchange of sensitive non-public information with

competitors through RealPage, Defendants have entered into contracts, combinations in the form

of a trust or otherwise, or conspiracies in restraint of trade or commerce, all or any part of which

is within the Commonwealth, in violation of KRS § 367.175. Defendant Landlords have agreed

with RealPage to delegate rent price-setting responsibility to RealPage for multifamily housing