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Lawyer here - It varies whether there is monetary punishment, but sure, i'd say 75% of cases at leaset there is. However, the damages are likely hard to calcul
by DannyBee 1y ago
Lawyer here -
It varies whether there is monetary punishment, but sure, i'd say 75% of cases at leaset there is.
However, the damages are likely hard to calculate here - since it involves calculating and arguing about prevailing rental rates in a competitive market vs the actual market due to realpage, in a huge number of places. Greystar would have argued about every single finding you made, too.
Because of the novelty and complexity involved, Greystar could have tied this up for a decade arguing about that and appealing any results, i'm sure. On top of that, Greystar would argue all they did is share data with realpage and use realpage's results, so any loss is really attributable to realpage, not to them.
Greystar may also not have tons of money. Most of their deals are debt deals. The company is private, and while revenue is roughly known, profit isn't publicly known (AFAIK). So it's hard to say what fine they could afford. The DOJ knows, of course, just we don't know.
Finally, being a private firm that does what they do, my guess is they would play games and other things with any real fine to avoid having to pay it (bankruptcy, et al).
Overall - getting their cooperation is probably more valuable than arguing about damages for a decade and then watching greystar play games while losing the ability to go meaningfully after RealPage.
Obviously, i'm not trying to state any of this is ethically okay or that folks who were overcharged don't deserve their money back. I'm just trying to give you a dispassionate view of some of the decision making involved and why they may have chosen what they did.
Or at least, what would normally be involved. With the trump administration, who knows.