1. Does this lawsuit apply to me?

If, from September 12, 2016 to February 28, 2022, you were the subject of a tenant screening report sold by RealPage that contained information about an eviction proceeding, but which failed to state that the eviction proceeding had been withdrawn, dismissed, vacated, satisfied or otherwise resulted in a favorable disposition or had no judicial finding against you, as that eviction proceeding is reflected in court records publicly available at the time of the report, then you are included in this settlement as a “Class Member.” Records from RealPage reflect that you are a Class Member.

The Notice informs you about the proposed settlement and your rights. Before any final judgment is entered, the Court will have a hearing to decide whether to finally approve the proposed settlement. The proposed settlement will be only finally approved after any objections or appeals are resolved. If the proposed settlement is finally approved, then you will benefit from the relief provided by the proposed settlement. If the proposed settlement is final approved, then you will also be bound by the release and other provisions of the proposed settlement. This notice is only a summary of the proposed settlement. More details about the proposed settlement are available in a longer document called the Settlement Agreement. You can get a copy of the Settlement Agreement by visiting the Important Documents page.

Back to top

2. What is this lawsuit about?

The class action lawsuit is known as Patricia McIntyre v. RealPage, Inc., d/b/a On-Site, Case No. 2:18-CV-03934, and is pending in the United States District Court for the Eastern District of Pennsylvania, with Judge Chad Kenney presiding. The individual who sued is called the Plaintiff; the company that she sued is called the Defendant. The Plaintiff is Patricia McIntyre. The Defendant is RealPage, Inc. d/b/a On-Site.

The lawsuit alleges that RealPage willfully violated the FCRA by failing to report up-to-date information pertaining to the disposition of certain eviction cases. RealPage denies plaintiff’s allegations and denies that RealPage is liable to plaintiff or any of the class members. RealPage has asserted many defenses, including that it followed reasonable procedures in obtaining and reporting eviction information. The Court has not decided whether either side is right or wrong. Instead, both sides agreed to the settlement to resolve the case and provide benefits to the class.

Back to top

3. How do I know if I am part of the proposed settlement?

The Court previously decided that everyone who fits the following description is a Class Member:

For the period beginning two (2) years prior to the filing of the Class Action Complaint and continuing through February 28, 2022, all natural persons with an address in the United States and its Territories who were (a) the subject of a tenant screening report prepared by Defendant that (b) contained information about an eviction proceeding, but which (c) failed to state that the eviction proceeding had been withdrawn, dismissed, vacated, satisfied or otherwise resulted in a favorable disposition or had no judicial finding against the consumer who was the subject of a tenant screening report, as that eviction proceeding is reflected in court records publicly available at the time of Defendant’s tenant screening report (the “Class”).

If you received a notice, you have been identified as a Class Member based on the business records maintained by RealPage.

Back to top

4. What benefits does the proposed settlement provide?

The proposed settlement benefits include both monetary and injunctive relief. An injunction occurs when a court orders a person to do or not to do something. In particular, the settlement provides for the following benefits.

The proposed settlement establishes a settlement fund (the “Settlement Fund”) for payments to Class Members. The Settlement Fund will contain $6,350,000.00 and, net of any award of attorneys’ fees and costs, costs of notice and administration, and service award, shall be automatically divided between all Class Members. Your estimated payment will be at least $300.00. The proposed settlement also provides that RealPage will agree to make the certain changes to its practices, which are described in the “Consent Injunctive Relief Order” available on the Important Documents page.

No class members will have to pay or buy anything to benefit from the relief provided by the settlement.

Back to top

5. How does the proposed settlement affect my rights?

In general terms, if the proposed settlement is finally approved by the Court, then you will be giving up the right to file a lawsuit against RealPage, Inc. or its related companies (including RP On-Site LLC) for certain claims regarding the reporting of up-to-date information pertaining to the disposition of certain eviction cases. Specifically, you will be giving up the right to bring any claims resulting from, arising out of, or regarding the accuracy of certain eviction cases disposition information, in tenant screening reports published by RealPage during the class period. You will be giving up all such claims whether or not you know about them.

The precise terms of the dismissal and release are explained in the full Settlement Agreement, which you can view on the Important Documents page.

The Court’s order will apply to you even if you object to the settlement or have any other claim, lawsuit, or proceeding pending against RealPage. If you have any questions about the release, then you should read the Settlement Agreement for more information or consult with a lawyer. See Question 7 below for more information regarding your options in seeking legal advice concerning the settlement.

Back to top

6. Can I choose not to be in the proposed settlement?

Yes. You have the opportunity to “opt-out” of the proposed settlement by submitting a written request for exclusion to McIntyre v. RealPage, Inc., c/o Settlement Administrator at P.O. Box 16, West Point, Pennsylvania 19486, postmarked no later than February 18, 2023. To be valid, a request for exclusion must be personally signed and must include: (i) your name, address and telephone number; (ii) and a statement substantially to the effect that: “I request to be excluded from the Class in Patricia McIntyre v. RealPage, Inc., d/b/a On-Site, No. 2:18-CV-03934, United States District Court, Eastern District of Pennsylvania.” Notwithstanding the foregoing, no person within the Class may submit a request for exclusion for any other person in the Class.

If you timely submit a valid request for exclusion, then you will exclude yourself from the Class and will not be bound by further orders or judgments in the Litigation, subject to Court approval. You will preserve your ability to independently pursue, at your own expense, any individual, non-class, non-representative claims that you claim to have against RealPage. No person who has opted out of the settlement may object to any part of the settlement or its proposed approval.

Additionally, because the settlement is being reached as a compromise to resolve this litigation, including before a final determination of the merits of any issue in this case, if you exclude yourself from the class, you will not be able to invoke the doctrines of res judicata, collateral estoppel, or any state law equivalents to those doctrines in connection with any further litigation against RealPage in connection with the claims being settled. Please consult legal counsel for further clarification in this regard, as needed.

Back to top

7. Do I have a lawyer in this case?

Yes. The Court approved the following individuals to represent you and the other Class Members: James A. Francis, John Soumilas, Lauren KW Brennan, and Jordan M. Sartell of Francis Mailman Soumilas, P.C. at 1600 Market Street, Suite 2510, Philadelphia, Pennsylvania 19103. They can be reached by telephone at (877) 735-8600.

The Court has appointed these lawyers as “Class Counsel.” You will not be charged for these lawyers.

You may hire your own attorney, if you so choose, but you will be personally responsible for your attorney’s fees and expenses.

Back to top

8. How will the lawyers be paid? What will the Named Plaintiff receive?

The attorneys representing the Class have handled this case on a contingency basis. To date, they have not been paid anything for their work. Class Counsel will request that the Court award attorneys’ fees and expenses for the time and effort they have spent on this case.

The amount requested by Class Counsel will be $2,116,666.67. Class Counsel will also request a service award for the Named Plaintiff of $10,000.00.

Any approved amount of attorneys’ fees and expenses or Named Plaintiff service awards will be paid from the settlement fund, and no Class Member will owe or pay anything directly for the attorneys’ fees and expenses of Class Counsel.

Back to top

9. How do I tell the Court if I do not agree with the proposed settlement?

If you are a Class Member, then you can object to the proposed settlement if you do not like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views.

To object to the settlement, you must file your objection in writing with the Clerk of Court no later than February 18, 2023. You must also provide a copy of your objection to McIntyre v. RealPage, Inc., c/o Settlement Administrator at P.O. Box 16, West Point, Pennsylvania 19486. The objection must include the following: (1) your full name, address and current telephone number; (2) the name and telephone number of your counsel, if you are represented by an attorney; (3) all objections and the basis for any such objections stated with specificity, including a statement as to whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; (4) the identity of any witnesses you may call to testify; (5) a listing of all exhibits you intend to introduce into evidence at the Final Approval Hearing, if any, as well as true and correct copies of all exhibits; and (6) a statement of whether you intend to appear at the Final Approval Hearing, either with or without counsel.

If you fail to timely file and serve a written objection, you shall not be permitted to object to the approval of the settlement and shall be foreclosed from seeking any review of the settlement or the terms of the Settlement Agreement by appeal or other means.

You will not be permitted to object to the settlement if you decide to timely exclude yourself from the settlement.

Back to top

10. When and where will the Court decide whether to finally approve the proposed settlement?

The Court will hold a final approval hearing on March 20, 2023, at 8:30 a.m., before the Hon. Chad Kenney, in the United States District Court for the Eastern District of Pennsylvania in Philadelphia, Pennsylvania. At this hearing, the Court will consider whether the proposed settlement is fair, reasonable, and adequate. The Court will consider all timely and proper objections. You do not have to attend the hearing.

The Court may also decide how much to award Class Counsel and the Named Plaintiff. After the hearing, the Court will decide whether to finally approve the proposed settlement.

The Court may change the date of the final approval hearing without further notice to the Class. You should regularly check the website to check on the hearing date, the court-approval process, and the Effective Date.

Back to top

11. How do I get more information?

This notice is only a summary of the proposed settlement. More details about the proposed settlement, the date when appeals are no longer allowed and the settlement is final, deadlines for certain actions, and your options are available in a longer document called the Settlement Agreement. You can also write or call Class Counsel at the contact information listed on the Contact Us page.

Back to top