I 8CNCCOOO73 IN THE CIRCUIT COURT OF CLINTON COUNTY, MISSOURI CAMILLE BARKSDALE, Individually And On Behalf Of All Others, Plaintiffs, Case No.: vs. JURY TRIAL DEMANDED REALPAGE, INC. ) dlb/a LeasingDesk Screening ) Registered Agent: ) United Corporate Services, Inc. ) Elm Court Plaza, 1739 East Elm St., Ste. 101) Jefferson City, MO 65 1 0 1 Defendant. ) ) COMPLAINT COMES NOW the Plaintiff, Camille Barksdale, by and through her attorneys, and on behalfofherse1f the Putative Classes set forth below, and in the public interest, brings the following class action amended complaint against Defendant, RealPage, Inc., ("Defendant"), pursuant to the Fair Credit Reporting Act ("FCRA"). PRELIMINARY STATEMENTS 1. Plaintiffbrings this action against Defendant for violations of the FCRA. 2. Defendant obtained information. concerning the Plaintiiffrom a third party. 3. Defendant paid a fee to the third party for the information it obtained concerning the Plaintiff. 4. The information obtained from the third party concerning the Plaintiffwas a consumer report (as a consumer report is defined pursuant to the FCRA), 5. The Defendant took the information it obtained from the third party and produced a Consumer Report of its own. 6. Defendant sold a consumer report to a third-party entity. Case 5:18-cv-06169-GAF Document 1-1 Filed 11/16/18 Page 1 of 11 7. Plaintiff asserts FORA claims against Defendant on behalf of herself and a class of individuals whose rights under the FCRA were violated. 8. On behalf of herself and all class members, Plaintiff seeks actual damages, statutory damages, punitive damages, costs and attorneys fees, and all other relief available pursuant to the FCRA. PARTIES 9. Plaintiff is a resident of Mayview, Missouri. Plaintiff is a member of the Putative Classes defined below. lo. Defendant is a foreign company doing business throughout the United States. JURISDICTION AND VENUE ii. This court has jurisdiction over Plaintiff's FCRA claim pursuant to 15 U.S.C. l681p and Article V, Section 14(a) ofthe Constitution of Missouri. 12. Venue is proper in this Court pursuant to R.S.Mo. 508.0 10.2(4). FACTUAL ALLEGATIONS i3. Plaintiff incorporates the foregoing paragraphs as if fully set forth herein. 14. Plaintiffapplied for an apartment to rent at Yarco Company Inc properties. 15. Plaintiff attempted to contact Yarco Company Inc multiple times while on the waiting list for an apartment to determine if she was approved. 16. Defendant produced a consumer report to Yarco Company Inc in or about Iuly of 2018. 17. Defendant produced the consumer report to Yarco Company Inc. knowing it would rely on the report to make decisions regarding whether to rent or lease an apartment to the Plaintiff. Case 5:18-cv-06169-GAF Document 1-1 Filed 11/16/18 Page 2 of 11 n CD C, C) ffi 18. The consumer report produced to Yarco Company mc, concerning the Plaintiff, (D a. o was misleading, and inaccurate. 19. The consumer report indicates that the Plaintiff was charged with two counts of o o C) o Burglary in the Second Degree. 20. Plaintiff has not been charged with two counts of Burglary in the Second Degree. 21. The inclusion of two Burglary counts ismisleading and inaccurate. 22. Defendant appears to have identified a probation revocation as a second count of Burglary in the Second Degree. 23 . Identifying probation violation as distinct criminal charges is inaccurate, misleading and confusing. 24. Plaintiff was denied residency at Yarco Company Inc. as a result of the consumer report produced by the Defendant. 25. The Plaintiff suffered stress and anxiety attempting to determine why she was denied the apartment. 26. The inclusion of criminal charges that did not belong to the Plaintiff in the consumer report caused the Plaintiff to suffer stress and anxiety. 27. Defendant is aware ofthe FCRA. 28. Defendant has knowledge that it must comply with the FCRA. 29. Defendant's violations of the FCRA combined with its knowledge of the requirements of the FCRA is evidence that the Defendant's violations were willful. CLASS ACTION ALLEGATIONS Case 5:18-cv-06169-GAF Document 1-1 Filed 11/16/18 Page 3 of 11 a. CD N.) -s 30. Plaintiff incorporates the foregoing paragraphs as if fully set forth herein. 31. Plaintiff asserts the following proposed classes defined as: 1681e(b) "Probation" Class: All individuals for which the Defendant includes a duplicate count or "charge" entry that is associated with a probation violation or revocation from October 15, 2016, through the present. 1681e(b) "Multiple Listing" Class: All individuals for which the Defendant included duplicate "charge" entries from October 1 5, 20 1 6, through the present. N£merosity 32. The proposed class is so numerous that joinder of all class members is impracticable. Defendant regularly produces consumer reports on individuals to third parties. Defendant fails to follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the reports relate. Plaintiff believes that during the relevant time period, a sufficient number of individuals would fall within the definition ofthe Putative Class. Common Questions ofLaw and Fact 33. Virtually all ofthe issues oflaw and fact in this class action predominate over any questions affecting individual class members. Among the questions of law and fact common to the class is: a. Whether Defendant complies with 1681e(b) and follows reasonable procedures to assure maxiniuin accuracy of the information contained in their reports; b. Whether the inclusion of duplicate entries complies with 1 68 1 e(b); C. Whether Defendant's violations ofthe FCRA were willful; d. The proper measure of statutory damages and punitive damages; and Case 5:18-cv-06169-GAF Document 1-1 Filed 11/16/18 Page 4 of 11 Typicality Plaintiffs claims are typical of the members ofthe proposed class. Defendant is 34. a consumer reporting agency that produces consumer reports to third parties. Defendant produces the reports in violation of the mandates of the FCRA. The FCRA violations suffered by the Plaintiff are typical of those suffered by other class members and the Defendant treated Plaintiff consistent with other Putative Class members in accordance with its standard policies and practices. Adequacy of Representation Plainfiff as a representative of the class, will fairly and adequately protect the 35. interests of the Putative Class and has no interest that conflict with or are . antagonistic to the interest of the class members. Plaintiff has retained attorneys competent and experienced in class action litigation. No conflict exists between Plaintiff and members of the class. A class action is superior to any other available method for the fair and efficient adjudication this controversy, and common questions of law and fact overwhelmingly predominate over individual questions that may arise. Superiority 36. This case is maintainable as a class action under Fed. R. Civ. P. 52(b)(1) because prosecution of actions by or against individual members of the Putative Classes would result in inconsistent or varying adjudications and create the risk of incompatible standards of conduct for Defendant. Further, adjudication of each individual class member& claim as a separate action will potentially be dispositive of the interest of other individuals not a party to such action, impeding their Case 5:18-cv-06169-GAF Document 1-1 Filed 11/16/18 Page 5 of 11 (I, C) o C) o -ri ability to protect their interests. CD o. C-) 37. This case is maintainable as a class action under Fed. R. Civ. P. 52(b)(2) because o Defendant has acted or refused to act on grounds that apply generally to the o o o Putative Classes, so that declaratory and/or injunctive relief is appropriate o. (D -I ('1 respecting the Classes as a whole. 38. M Class certification is also appropriate under Fed. R. Civ. P. 52(b)(3) because -3. questions of law and fact common to the Putative Classes predominate over any questions affecting only individual members of the Putative Classes, and because a class action is superior to other methods for the fair and efficient adjudication of this litigation. Defendant's conduct described in this Complaint stems from common and uniform policies and practices, resulting in common violations of the FCRA. Members of the Putative Classes do not have an interest in pursuing separate actions against Defendant, as the amount of each class member's individual claims is small compared to the expense and burden of individual prosecution. Class certification will also obviate the need for unduly duplicative litigation that might result in inconsistent judgments concerning Defendant's practices. Moreover, management of this action as a class action will not present any likely difficulties. In the interests ofjustice and judicial efficiencies, it would be desirable to concentrate the litigation of all Putative Class members' claims in a single forum. 39. Plaintiffintends to send notice to all members ofthe Putative Classes to the extent required by Rule 52. The names and address of the Putative Class members are available from Defendant's records. Case 5:18-cv-06169-GAF Document 1-1 Filed 11/16/18 Page 6 of 11 o, rn CD C) 1 o -j C) CD T1 FCRA VIOLATIONS (D Q- o 40. Plaintiff incorporates the foregoing paragraphs as if fully set forth herein. 41. The Defendant does not have policies and/or procedures to prevent the inclusion Q o C) Q ofduplicate entries in its consumer reports. CD (n 42. Any policies and/or procedures the Defendant has to prevent the inclusion of duplicate entries are inadequate. 43. Defendant violated the FCRA by failing to follow reasonable procedures to assure maximum possible accuracy ofthe information in the Plaintiff's consumer report. 44. Defendant's actions were negligent. 45. Defendant's actions caused the Plaintiff actual damages. 46. Defendant's actions increased Plaintiff's risk of harm. 47. Plaintiffwas batmed by the Defendant's actions and suffered an actual injury. 48. Defendant's violations were willful. Defendant acted in deliberate or reckless disregard of its obligations and rights of Plaintiff under the provisions of the FCRA. Defendant's willful conduct is reflected by, among other things, the following facts: a. Defendant has access to legal advice; b. Defendant produced a consumer report on the Plaintiff that contained information that was misleading and inaccurate; 49. c. Defendant produced a consumer report that contained false counts and/or "charge" information; and d. Defendant failed to abide by the FCRA. Plaintiff is entitled to statutory damages of not less than $ 1 00 and not more than $1000 for each and every one of these violations, pursuant to 15 U.S.C. Case 5:18-cv-06169-GAF Document 1-1 Filed 11/16/18 Page 7 of 11 -s (n 168 ln(a)(1 )(A). 50. Plaintiff is also entitled to punitive damages for these violations, pursuant to 15 U.S.C. 1681n(a)(2). 51. Plaintiff is further entitled to recover their costs and attorneys' fees, pursuant to 15 U.S.C. 1681n(a)(3). 52. Plaintiff is further entitled to actual damages and any costs and attorneys' fees, pursuant to 15LLS.C. 1681o. WHEREFORE, the Plaintiff respectfully requests that this Court issue an Order for the following: a. An Order that this action may proceed as a class action under Rule 52 of the Missouri Rules of Civil Procedure; b. Order designating Plaintiff as class representative and designating Plaintiff's counsel as counsel for the Putative Class; e. Order directing proper notice to be mailed to the Putative Classes at Defendant's expense; d. Order finding that Defendant committed multiple, separate violations of the FCRA; e. Order finding that Defendant acted negligently and willfully in deliberate or reckless d•sregard ofPlaintiffs rights and its obligations of the FCRA; f. Order awarding statutory damages and punitive damages as provided the FCRA; g. Order awarding reasonable attorneys' fees and costs as provided by the FCRA; and Case 5:18-cv-06169-GAF Document 1-1 Filed 11/16/18 Page 8 of 11 h. Order granting other and further relief, in law or equity, as this Court may deem appropriate and just. Demand for Jury Trial Plaintiff hereby demands a jury trial on all causes of action and claims with respect to which Plaintiff and all members of the proposed class have a right to jury trial. By: Is! C. Jason Brown Charles Jason Brown MO 49952 Jayson A. Watkins MO 61434 Brown & Watkins LLC 301 S.IJS l69Hwy Gower Missouri 64454 Tel: 816-505-4529 Fax: 816-424-1337 brown(ƒbrownandwatkins.com watldns@brownandwaticins.com ATTORNEY FOR PLAINTiFF Case 5:18-cv-06169-GAF Document 1-1 Filed 11/16/18 Page 9 of 11 I 8CN=CC00073 IN THE CIRCUIT COURT OF CLINTON COUNTY MISSOURI CAMILLE BARKSDALE, Individually And On Behalf Of All Others, Plaintiffs, Case No.: vs. REALPAGE, INC. d/b/a LeasingDesk Screening -' -s Defendant. C) ENTRY OF APPEARANCE COMES NOW Jayson Watkins and hereby enters his appearance as counsel of record for Plaintiff and those similarly situated in the above captioned matter. Respectfully submitted, By: Ist Jayson A. Watkins Jayson A. Watkins MO #6 1434 Brown & Watkins LLC 301 S.US 169 Hwy Gower Missouri 64454 Tel: 816-424-1390 Fax: 816-424-1337 watkins(brownandwatkins.com ATTORNEY FOR PLAINTIFF Case 5:18-cv-06169-GAF Document 1-1 Filed 11/16/18 Page 10 of 11 IN THE 43RD JUDICIAL CIRCUIT, CLINTON COUNTY, MISSOURI Case Number: I8CN-CC00073 Judge or Division: RBRENT ELLIOTT Plaintiff/Petitioner: CAMILLE BARKSDALE vs. Defendant/Respondent: REALPAGE, INC. DIBIA LEASINGDESK SCREENING Nature of Suit: CCOther Miscellaneous Actions -- - Plaintiffs/Petitioner's Attorney/Address Charles Jason Brown 301 S US Highway 169 Gower, MO 64454-91 1 6 Court Address: 207 NORTH MAIN PLATTSBURG, MO 64477 FILED F 10/16/2018 I I . I I [ MOLLY LIVINGSTON CIRCUIT CLERK EX-OFFICIO RECORDER CLINTON CO, MO (Date FIlo Stamp) Summons in Civil Case The State of Missouri to: REALPAGE, INC. DIBIA LEAS1NGDESkREENING Alias: do UNiTED CORPORATE SERVICES 1739 EAST ELM STREET, STE 101 JEFFERSON CiTY, MO 65101 You are summoned to appear before this court and to file your pleadIng to the petition, a is attached, and to serve a copy of your pleading upon the attorney for plaintiff/petitioner at the above address all within 30 days after receiving this summons, exclusive of the day of service. If you fail to file your pleading, judgment by default may be taken against you for the relief demanded in the petition. COURTSEAL OF ICopy of which . - A . ' 10/16/2018 : CLINTON COUNTY hl Date 1tk? Circuit Clork Sheriff's or Server's Return Note to servIng officer: Summons should be returned to the court within 30 days after the date of issue. I certify that I have served the above summons by: (check one) delivering a copy of the summons and a copy of the petition to the defendant/respondent. leaving a copy of the summons and a copy of the petition at the dwelling place or usual abode of the defendant/respondent with _________________________________________________, a person of the defendant's/respondent's family over the age of 15 years who permanently resides with the defendant/respondent. (for service on a corporation) delivering a copy of the summons and a copy of the complaint to: (title). ________________________________________________ (name) D D D D other: (address) Served at (date) at (County/City of St. Louis), MO, on in Signature Printed Name of Sheriff or Server Must be sworn before a notary public If of Sheriff (time). or Server not served by an authorized officer: (date). Subscribed and sworn to before me on (Sea!) S My commission expires: Notary Public Date Sheriff's Fees, if applicable Summons s_______________ NonEst s____________ Sheriff's Deputy Salary 10.00 Supplemental Surcharge $ $.______ per mile) s________________ (______ miles Mileage Total s_______________ A copy ofthe summons and a copy of the petition must be served on each defendant/respondent. For methods of service on ali classes of suits, see Supreme Court Rule 54. OSCA (06-18) SM3O (SMCC) For Court Use OnIy Document Id # 18-SMCC-492 I of I CMI Procedure Form No. I ; Rules 54.01 - 54.05, 54.13, and 54.20; 506.120-506.140, and 506.150 RSMo Case 5:18-cv-06169-GAF Document 1-1 Filed 11/16/18 Page 11 of 11