San Francisco Moves to Ban Anti-Competitive Rent Software

Less effort needed to fight back against inevitable “we are not a cartel” lawsuits based on obscure rulings the lawyers dig up

> If you weren't going to enforce the existing laws what's the point of making a new one?

A ban can take effect immediately. A legal prosecution for cartel behavior can take many years.

The evidence that "pricing software" was acting like a cartel wasn't immediately obvious and took time to collect. It wasn't until rental prices refused to fall in the face of increased interest rates and increased vacancy that people starting looking for "What is going on?" So, accusing people of sleeping on prosecuting cartel behavior is more than a little disingenuous.

"Pricing software" is simply another aspect of "outsource your illegal behavior". This idea that you can insulate yourself from illegal behavior by outsourcing it needs to get hammered, hard.

Yes, forming a cartel is illegal, but prosecuting cartels is complex and requires a high burden of proof. There’s also the jurisdictional complexity, especially if you’re waiting for federal prosecution. By creating a specific local law, San Francisco makes it much easier to prosecute this type of statute. This approach simplifies the burden of proof significantly. Instead of proving collusion, prosecutors only need to prove the use of such software. It’s a strategic move to facilitate enforcement and protect renters more effectively.