RealPage Litigation and Algorithmic Decisionmaking

In the third episode of Season 6, we sit down with University of Houston Law Center Professor Nikolas Guggenberger and current UHLC 3L, Jake Evinger. As is customary, Emphasis Added hosts, Graysen Mechler and Geoffrey Okolo, begin the episode by exploring Professor Guggenberger’s journey to becoming a lawyer as well as his unique journey from Germany to the United States. The episode then took a slight detour – exploring what common law signifies for countries like Germany, which are traditionally considered civil law systems.

Returning to the episode's core topic, algorithms, the guests provide a primer on algorithms and their development over time. They discuss their role in decision-making, the influence of artificial intelligence and machine learning, and the factors that make certain markets particularly suited to algorithmic use.

The discussion then pivots to the Department of Justice's lawsuit against RealPage, examining the case's background, allegations of price collusion, and the implications of algorithmic decision-making in rental markets. Professor Guggenberger and Jake provide insights into the origins of RealPage's data, the challenges of regulating algorithms, and the potential remedies available to curb price collaboration.

Tune in for great conversation, and to learn a bit more about algorithmic decision making! 

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Chapters

• 0:00 Introduction
• 1:12 Professor Guggenberger’s General Background
• 2:36 Jake Evinger’s Background and Work with Professor Guggenberger
• 4:00 Differences between legal education in United States and Germany
• 6:25 Distinction between Civil Law Systems and Common Law Systems
• 11:10 Professor Guggenberger’s Decision to Come to the United States
• 12:40 Professor Guggenberger’s Area of Study - Law and Technology
• 20:07 Primer on Algorithms
• 22:43 Evolution of Algorithmic Decisionmaking
• 30:00 Applicability of Algorithms in Different Markets
• 32:31 DOJ v. RealPage
• 35:09 RealPage’s Alleged Collusion
• 45:36 Remedies available to the DOJ
• 48:10 Remedies beyond the DOJ