--- title: "RealPage lawsuit: states say the DOJ settlement doesn't end their antitrust case" description: "RealPage, Camden and Pinnacle argue the May 2026 DOJ final judgment makes some or all of the states' federal antitrust and injunction claims moot. The states say they are not parties and can still seek full relief. The court has not ruled, so landlords using pricing software still face risk." date: 2026-09-28 updated: 2026-09-28 author: "Proppely Research Desk" kind: NEWS_BRIEF tags: ["multifamily", "proptech", "policy"] reading_minutes: 4 word_count: 945 canonical: "https://www.proppely.com/insights/realpage-states-lawsuit-doj-settlement-mootness-landlords" html: "https://www.proppely.com/insights/realpage-states-lawsuit-doj-settlement-mootness-landlords" feed: "https://proppely.com/insights/feed.xml" license: "Free to read and cite with a link to the canonical URL." sources: - title: "RealPage, states tussle over federal rent price-fixing settlement" url: "https://www.multifamilydive.com/news/realpage-states-federal-rent-price-fixing-settlement/831422/" publisher: "Multifamily Dive" published: "2026-09-24" - title: "Plaintiff States' reply to defendants' responses to the court's August 25, 2026 order (ECF No. 219)" url: "https://www.documentcloud.org/documents/28677647-us-dis-ncmd-1-24cv710-d55926632e12316-response-re-209-order-plaintiff-states-reply-to-de/" publisher: "U.S. District Court, M.D.N.C., via DocumentCloud" published: "2026-09-14" - title: "Defendant RealPage, Inc.'s response to the court's August 25, 2026 order" url: "https://www.documentcloud.org/documents/28677643-us-dis-ncmd-1-24cv710-d55926632e12038-response-re-209-order-filed-by-realpage-inc-replie/" publisher: "U.S. District Court, M.D.N.C., via DocumentCloud" published: "2026-08-31" - title: "Defendant Camden Property Trust's response to court's August 25, 2026 order (ECF No. 211)" url: "https://www.documentcloud.org/documents/28686249-us-dis-ncmd-1-24cv710-d55926632e12067-response-re-209-order-filed-by-camden-property-tru/" publisher: "U.S. District Court, M.D.N.C., via DocumentCloud" published: "2026-08-31" - title: "Defendant Pinnacle Property Management Services' notice regarding mootness (ECF No. 212)" url: "https://www.documentcloud.org/documents/28686254-us-dis-ncmd-1-24cv710-d55926632e12096-response-re-209-order-filed-by-pinnacle-property-m/" publisher: "U.S. District Court, M.D.N.C., via DocumentCloud" published: "2026-08-31" - title: "Justice Department Requires RealPage to End the Sharing of Competitively Sensitive Information and Alignment of Pricing Among Competitors" url: "https://www.justice.gov/opa/pr/justice-department-requires-realpage-end-sharing-competitively-sensitive-information-and" publisher: "U.S. Department of Justice" published: "2025-11-23" - title: "California's Antitrust Law Amendments Kick In, Targeting Algorithmic Pricing" url: "https://www.clearygottlieb.com/news-and-insights/publication-listing/californias-antitrust-law-amendments-kick-in-targeting-algorithmic-pricing" publisher: "Cleary Gottlieb" published: "2026-01-05" --- # RealPage lawsuit: states say the DOJ settlement doesn't end their antitrust case > RealPage, Camden and Pinnacle argue the May 2026 DOJ final judgment makes some or all of the states' federal antitrust and injunction claims moot. The states say they are not parties and can still seek full relief. The court has not ruled, so landlords using pricing software still face risk. ## Key takeaways - RealPage, Camden and Pinnacle argued in September 1 filings that the DOJ final judgment against RealPage makes the states' Sherman Act claims or requests for injunctive relief moot. - The plaintiff states replied on September 15 that they are not parties to that judgment, have not settled, and remain free to seek full relief. - The court has not ruled on mootness, and the states say no proper motion to dismiss on that ground is pending. - The federal judgment already bars RealPage from using competitors' nonpublic data at runtime and authorizes a compliance monitor. - Landlords should document independent pricing decisions and ask vendors in writing how their tools comply. RealPage's federal settlement did not end the rent-pricing case. RealPage, Camden and Pinnacle told a federal court in North Carolina that the Justice Department's final judgment against RealPage, [entered May 14, 2026](https://www.documentcloud.org/documents/28677643-us-dis-ncmd-1-24cv710-d55926632e12038-response-re-209-order-filed-by-realpage-inc-replie/), makes at least some of the states' antitrust claims moot. In a [September 15 reply](https://www.documentcloud.org/documents/28677647-us-dis-ncmd-1-24cv710-d55926632e12316-response-re-209-order-plaintiff-states-reply-to-de/), the plaintiff states said they are not parties to that judgment and "remain free to seek the full extent" of relief. For landlords who use revenue management software, that means the state case, and the risk that comes with it, is still live. ## What happened The case is *United States v. RealPage* in the Middle District of North Carolina. Multifamily Dive lists [ten plaintiff states](https://www.multifamilydive.com/news/realpage-states-federal-rent-price-fixing-settlement/831422/) (California, Colorado, Connecticut, Illinois, Massachusetts, Minnesota, North Carolina, Oregon, Tennessee and Washington) suing alongside the federal government. The complaint was filed in 2024 and [amended in January 2025 to add landlord defendants](https://www.multifamilydive.com/news/realpage-states-federal-rent-price-fixing-settlement/831422/). The federal side has mostly settled. DOJ announced its proposed RealPage settlement on [November 24, 2025](https://www.justice.gov/opa/pr/justice-department-requires-realpage-end-sharing-competitively-sensitive-information-and). Cortland, Greystar, LivCor and Willow Bridge [settled separately with the federal government](https://www.multifamilydive.com/news/realpage-states-federal-rent-price-fixing-settlement/831422/), and Pinnacle reached a proposed federal settlement [in September that does not include the states](https://www.multifamilydive.com/news/realpage-states-federal-rent-price-fixing-settlement/831422/). Camden [has not settled](https://www.multifamilydive.com/news/realpage-states-federal-rent-price-fixing-settlement/831422/) in this case. On August 25, the court [listed the motions still pending](https://www.documentcloud.org/documents/28677647-us-dis-ncmd-1-24cv710-d55926632e12316-response-re-209-order-plaintiff-states-reply-to-de/) and asked any party contending that a consent decree or judgment made a motion moot to file a response. On September 1, three defendants used that opening to go further: - **RealPage** argued the final judgment makes moot the states' [federal Sherman Act claims and their state-law requests for injunctive relief](https://www.documentcloud.org/documents/28677643-us-dis-ncmd-1-24cv710-d55926632e12038-response-re-209-order-filed-by-realpage-inc-replie/). It argued that no state raised concerns during the [60-day Tunney Act comment period](https://www.documentcloud.org/documents/28677643-us-dis-ncmd-1-24cv710-d55926632e12038-response-re-209-order-filed-by-realpage-inc-replie/). - **Camden** asked the court to [dismiss all injunctive-relief claims against it](https://www.documentcloud.org/documents/28686249-us-dis-ncmd-1-24cv710-d55926632e12067-response-re-209-order-filed-by-camden-property-tru/), or allow more briefing, citing the RealPage judgment and its own [$53 million class-action settlement](https://www.documentcloud.org/documents/28686249-us-dis-ncmd-1-24cv710-d55926632e12067-response-re-209-order-filed-by-camden-property-tru/) in the parallel Tennessee litigation. Camden [disputes that its conduct was unlawful](https://www.documentcloud.org/documents/28686249-us-dis-ncmd-1-24cv710-d55926632e12067-response-re-209-order-filed-by-camden-property-tru/). - **Pinnacle** asked the court to [dismiss the Section 1 claims with prejudice](https://www.documentcloud.org/documents/28686254-us-dis-ncmd-1-24cv710-d55926632e12096-response-re-209-order-filed-by-pinnacle-property-m/) or allow more briefing. It noted that its class settlement in the Tennessee litigation has a [final approval hearing in October](https://www.documentcloud.org/documents/28686254-us-dis-ncmd-1-24cv710-d55926632e12096-response-re-209-order-filed-by-pinnacle-property-m/). The states responded on September 15 that [no motion pending before the court](https://www.documentcloud.org/documents/28677647-us-dis-ncmd-1-24cv710-d55926632e12316-response-re-209-order-plaintiff-states-reply-to-de/) argues mootness, that the defendants' filings should not be treated as motions to dismiss, and that they reserve the right to respond if one is properly filed. They also said they [have not settled with RealPage, Camden or Pinnacle](https://www.documentcloud.org/documents/28677647-us-dis-ncmd-1-24cv710-d55926632e12316-response-re-209-order-plaintiff-states-reply-to-de/). The court has not ruled on mootness. RealPage's own filing notes the states are also seeking [civil penalties and other monetary remedies](https://www.documentcloud.org/documents/28677643-us-dis-ncmd-1-24cv710-d55926632e12038-response-re-209-order-filed-by-realpage-inc-replie/), which RealPage argues do not keep the injunction claims alive. ## Why it matters for property managers **The federal judgment already changes the software you may be using.** DOJ said the proposed settlement, since entered as the final judgment, requires RealPage to stop using competitors' nonpublic data [at runtime to set rents](https://www.justice.gov/opa/pr/justice-department-requires-realpage-end-sharing-competitively-sensitive-information-and), train models only on nonpublic data [aged at least 12 months](https://www.justice.gov/opa/pr/justice-department-requires-realpage-end-sharing-competitively-sensitive-information-and), and avoid geographic effects [narrower than the state level](https://www.justice.gov/opa/pr/justice-department-requires-realpage-end-sharing-competitively-sensitive-information-and). According to RealPage's filing, the judgment also requires [Auto Accept parameters to be set individually by each user](https://www.documentcloud.org/documents/28677643-us-dis-ncmd-1-24cv710-d55926632e12038-response-re-209-order-filed-by-realpage-inc-replie/), requires settings that let recommendations go below a pricing floor to the same extent they can exceed a pricing ceiling, and [authorizes a compliance monitor](https://www.documentcloud.org/documents/28677643-us-dis-ncmd-1-24cv710-d55926632e12038-response-re-209-order-filed-by-realpage-inc-replie/). **The state case is about more than injunctions.** If the states keep their claims, they say they "remain free to seek the full extent" of relief, and RealPage's own filing acknowledges they are also seeking civil penalties and other monetary remedies. Defendants argue otherwise, and a judge will decide. Until then, "RealPage settled" does not mean the legal questions about shared pricing software are over. **State law is moving faster than the courts.** California's [AB 325 took effect January 1, 2026](https://www.clearygottlieb.com/news-and-insights/publication-listing/californias-antitrust-law-amendments-kick-in-targeting-algorithmic-pricing). It bars using or distributing a "common pricing algorithm" [as part of an agreement to restrain trade](https://www.clearygottlieb.com/news-and-insights/publication-listing/californias-antitrust-law-amendments-kick-in-targeting-algorithmic-pricing), and California's new antitrust laws also allow civil penalties of [up to $1 million per violation](https://www.clearygottlieb.com/news-and-insights/publication-listing/californias-antitrust-law-amendments-kick-in-targeting-algorithmic-pricing) in cases brought by the attorney general or a district attorney. A landlord outside this lawsuit can still be exposed under a state statute. **Settlements set the benchmark.** Camden and Pinnacle point to their class settlements; Camden's includes limits on [software that uses certain nonpublic data](https://www.documentcloud.org/documents/28686249-us-dis-ncmd-1-24cv710-d55926632e12067-response-re-209-order-filed-by-camden-property-tru/). Whatever the court decides on mootness, those terms show what regulators and plaintiffs expect from pricing tools. ## What to do this week This is general information, not legal advice. Rules vary by state and city, so confirm specifics with antitrust or local counsel. 1. **Ask your vendor in writing** whether your revenue management product complies with the RealPage final judgment. Ask what data it uses at runtime, how old its training data is, and whether it uses any competitor nonpublic data. 2. **Audit your auto-accept and floor settings.** Confirm your team set them for your own properties, and document who set them and why. 3. **Keep a record of independent pricing decisions.** Note when and why managers overrode a recommendation. That record can help show that pricing decisions were your own. 4. **Check your state's rules** if you operate in California or one of the plaintiff states. California has its own algorithmic-pricing statute; check whether your state or city has one. 5. **Stop informal rent sharing.** Do not exchange current rents, occupancy or pricing plans with competing owners, directly or through a vendor. ## What we're watching - **A mootness ruling or a formal motion.** If defendants file a proper motion to dismiss for mootness, the states have said they will [respond substantively](https://www.documentcloud.org/documents/28677647-us-dis-ncmd-1-24cv710-d55926632e12316-response-re-209-order-plaintiff-states-reply-to-de/). - **Pinnacle's October hearing** on [final approval](https://www.documentcloud.org/documents/28686254-us-dis-ncmd-1-24cv710-d55926632e12096-response-re-209-order-filed-by-pinnacle-property-m/) of its class settlement in the Tennessee litigation. - **Camden's settlement.** Camden's [$53 million settlement](https://www.documentcloud.org/documents/28686249-us-dis-ncmd-1-24cv710-d55926632e12067-response-re-209-order-filed-by-camden-property-tru/) has preliminary approval; watch for the final approval schedule. - **The monitor's work.** The federal judgment [authorizes a monitor](https://www.documentcloud.org/documents/28677643-us-dis-ncmd-1-24cv710-d55926632e12038-response-re-209-order-filed-by-realpage-inc-replie/) to check RealPage's compliance, and its findings could shape what other pricing vendors do. ## FAQ **Did the RealPage DOJ settlement end the state lawsuits?** Not so far. RealPage argues the final judgment entered May 14, 2026 makes the states' Sherman Act claims moot, but the states replied on September 15 that they are not parties to it and remain free to seek full relief. The court has not ruled. **Which states are suing RealPage?** California, Colorado, Connecticut, Illinois, Massachusetts, Minnesota, North Carolina, Oregon, Tennessee and Washington, according to Multifamily Dive's reporting on the case. **What does the RealPage settlement require?** DOJ said RealPage must stop using competitors' nonpublic data at runtime to set rents, train models only on nonpublic data aged at least 12 months, and accept a compliance monitor. **Can landlords still use revenue management software?** The settlements restrict how pricing software works; they do not ban it. But state laws such as California's AB 325, effective January 1, 2026, add their own limits, so confirm your tool and practices with counsel. ## Sources 1. [RealPage, states tussle over federal rent price-fixing settlement](https://www.multifamilydive.com/news/realpage-states-federal-rent-price-fixing-settlement/831422/) — Multifamily Dive 2. [Plaintiff States' reply to defendants' responses to the court's August 25, 2026 order (ECF No. 219)](https://www.documentcloud.org/documents/28677647-us-dis-ncmd-1-24cv710-d55926632e12316-response-re-209-order-plaintiff-states-reply-to-de/) — U.S. District Court, M.D.N.C., via DocumentCloud 3. [Defendant RealPage, Inc.'s response to the court's August 25, 2026 order](https://www.documentcloud.org/documents/28677643-us-dis-ncmd-1-24cv710-d55926632e12038-response-re-209-order-filed-by-realpage-inc-replie/) — U.S. District Court, M.D.N.C., via DocumentCloud 4. [Defendant Camden Property Trust's response to court's August 25, 2026 order (ECF No. 211)](https://www.documentcloud.org/documents/28686249-us-dis-ncmd-1-24cv710-d55926632e12067-response-re-209-order-filed-by-camden-property-tru/) — U.S. District Court, M.D.N.C., via DocumentCloud 5. [Defendant Pinnacle Property Management Services' notice regarding mootness (ECF No. 212)](https://www.documentcloud.org/documents/28686254-us-dis-ncmd-1-24cv710-d55926632e12096-response-re-209-order-filed-by-pinnacle-property-m/) — U.S. District Court, M.D.N.C., via DocumentCloud 6. [Justice Department Requires RealPage to End the Sharing of Competitively Sensitive Information and Alignment of Pricing Among Competitors](https://www.justice.gov/opa/pr/justice-department-requires-realpage-end-sharing-competitively-sensitive-information-and) — U.S. Department of Justice 7. [California's Antitrust Law Amendments Kick In, Targeting Algorithmic Pricing](https://www.clearygottlieb.com/news-and-insights/publication-listing/californias-antitrust-law-amendments-kick-in-targeting-algorithmic-pricing) — Cleary Gottlieb --- Published by the Proppely Research Desk. Canonical: https://www.proppely.com/insights/realpage-states-lawsuit-doj-settlement-mootness-landlords