Transparency Is Trust: Holding Arizona’s Attorney General Accountable

On February 28, 2024, Arizona Attorney General Kris Mayes announced a lawsuit against RealPage, Inc. and nine major residential landlords for allegedly conspiring or colluding to raise rent in the Phoenix and Tucson metro areas. The announcement made national headlines and was almost identical to several other lawsuits already filed by blue state attorneys general. These lawsuits were based on a class-action lawsuit brought by the private law firm Hagens Berman Sobol Shapiro LLP—the same law firm Mayes hired for the Arizona lawsuit.

Absent from the Arizona lawsuit was any information about Arizona consumers that complained. That’s why the Goldwater Institute requested 6 items related to consumer complaints of any alleged conspiracy or collusion between landlords and/or RealPage to raise rents. Goldwater sought copies of records that indicate the total number of complaints and all complaints submitted that would not invade any bona fide privacy interests of the individual. If the Attorney General’s (AG) Office received any unsolicited complaints from the public, it would be easy to respond with the total number.

But after months of no response, the Attorney General’s Office denied the request claiming confidentiality and attorney work product privilege. The denial stated that if any documents existed, that they would be withheld for confidentiality. Confidentiality and the privilege claimed does not apply to the requested documents because the Institute seeks internal numerical data. The AG’s Office improperly rejected the Institute’s public records request.

The Goldwater Institute and its American Freedom Network attorney Michael Bloom filed a lawsuit against AG Mayes to compel production of the requested documents.