⚖️ Progress Residential and Pretium to pay $49.75M in FTC case
FTC and four states allege hidden rent fees and false prices. The proposed order still needs a federal judge's signature. ⏳
PROPOSEDPhoto: Americasroof (talk) · CC BY-SA 3.0What we know
- The FTC says Progress Residential and its owner Pretium Partners will pay $49.75 million to settle charges brought by the FTC and four states over deceptive rental pricing.
- Per the FTC release, $48.5 million goes to the FTC for consumer redress and $1.25 million to the State of Arizona.
- The FTC, Arizona, Colorado, Indiana and Utah allege false advertised rents, hidden fees, improper security deposit deductions and clauses that restrict negative reviews.
- The complaint and proposed stipulated order were filed in the U.S. District Court for the Northern District of Georgia. The FTC says such orders have the force of law once the judge approves and signs them.
- The FTC says the complaint alleges most of the conduct happened under prior management and that new management has moved to remedy the issues.
Progress Residential and its owner, private equity firm Pretium Partners, will pay $49.75 million to settle charges from the Federal Trade Commission and four states, according to an FTC press release first reported Nov 6 at 7:00 AM ET. The FTC says the money settles allegations of deceptive rental pricing and other conduct. It calls the matter the largest enforcement action against a landlord in the Commission's history.
Who says what
The FTC release says the agency and Arizona, Colorado, Indiana and Utah allege that Progress and Pretium advertised false rental prices, charged hidden fees, failed to inspect homes before residents moved in, improperly deducted from security deposits, restricted negative reviews and gave poor customer service. The complaint alleges that since at least 2021 the hidden fees, often undiscovered until after a lease was signed or a tenant had moved in, cost consumers tens of millions of dollars.
On the money, the FTC says $48.5 million goes to the agency to provide redress to harmed consumers, and $1.25 million is paid to Arizona. The FTC says the Commission vote to authorize staff to file the complaint and proposed stipulated order was 2-0. Progress, which the FTC says is wholly owned by Pretium through its investment funds, manages over 90,000 homes across 17 states.
The German outlet ad hoc news reports separate details that the FTC release does not carry, so treat them as that outlet's account. It says Indiana Attorney General Todd Rokita announced the settlement on Nov 5, and that the deal requires Progress to show rents, including mandatory extra fees, before a lease is signed. It also says the deal bars withholding deposits for normal wear, requires itemized deposit accounting and bars contract clauses that restrict public reviews. The outlet adds that tenants must be allowed to dispute individual fees. It reports that no admission of guilt is part of the deal.
The response
The reports read carry no named statement from Progress or Pretium. The FTC release does record one position: the complaint alleges that the majority of the conduct occurred under prior management, and that new management has moved to remedy the issues. No public response from either company was found in the reports read.
What happens next
The FTC note on the release says stipulated orders carry the force of law only once the District Court judge approves and signs them. No source read gives a date for that signature. Ad hoc news says Colorado, Indiana and Utah are expected to join the settlement. The FTC release describes all four states as having filed. No payout timetable is stated in the documents read.
The arithmetic that is missing
MrMoney checked the pack for the one number that would make the headline figure mean something: total rent collected, or total fees charged. Neither source gives it. The FTC says only that the fees cost consumers tens of millions of dollars. So the $49.75 million cannot be set against the rents involved from the record read. It can be set against the FTC's own description of the harm, and the two are the same order of magnitude.
Backstory
The complaint reaches back to at least 2021, per the FTC. Ad hoc news puts the conduct at 2021 to 2025. The same outlet notes that landlord Invitation Homes settled an FTC case over improper extra fees in 2024 and paid $48 million, a figure the FTC release read here does not mention.
As of Nov 7, 5:22 AM ET, the confirmed part is the FTC's announcement of a proposed $49.75 million settlement, filed in the Northern District of Georgia with a 2-0 Commission vote. The pending part is the judge's approval, the exact terms of the order and the final list of states. The companies' own public response has not been found.
Earlier on file: Biggest FTC settlements ranked: Facebook $5B, Amazon Prime · Facebook $5B FTC penalty: what it required of Mark Zuckerberg · Equifax agreed to pay at least $575M over 2017 data breach
The Progress Residential file
- Filed
FTC and four states filed a complaint and proposed stipulated order in N.D. Georgia; $49.75M payment proposed, per the FTC. This story
- Reported
Ad hoc news reports Indiana Attorney General Todd Rokita announced the settlement with Progress and Pretium. This story
On file: The Progress Residential file · The Federal Trade Commission file · The Pretium Partners file
The Ledger
On the record
- The FTC says Progress and Pretium will pay $49.75M ($48.5M to the FTC, $1.25M to Arizona) to settle charges filed in the Northern District of Georgia.
Still rumour
- Judge's approval of the order, the companies' own statement, total rent or fee figures, and ad hoc news's reports on order terms and a 'no admission' clause (82,000 homes there versus the FTC's 90,000) are not confirmed in the FTC release.
That's the record. The rest is rumour. - MrMoney
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