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UNITED STATES DISTRICT COURT 

FOR NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

) 

FEDERAL TRADE COMMISSION ) 

) STIPULATED ORDER 

Plaintiff, ) FOR PERMANENT 

) INJUNCTION AND 

v. ) CIVIL PENALTY 

) JUDGMENT 

REALPAGE, INC., a corporation ) 

) Civil Action No. 

Defendant. ) 3:18-cv-02737-N 

__________________________________________) 

Plaintiff, the Federal Trade Commission (“FTC” or “Commission”), filed its complaint, 

for a permanent injunction, civil penalties, and other equitable remedies in this matter, pursuant 

to Sections 13(b) and 16(a)(1) of the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. §§ 

53(b) and 56(a)(1) and Section 621(a) of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 

1681s(a). Defendant has waived service of the Summons and Complaint. The Commission and 

Defendant stipulate to the entry of this Stipulated Order for Permanent Injunction and Civil 

Penalty Judgment (“Order”) to resolve all matters in dispute in this action between them. 

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FINDINGS 

1. This Court has jurisdiction over this matter. 

2. The Complaint charges that Defendant participated in acts or practices in violation of 

Section 5 of the FTC Act, 15 U.S.C. § 45 and the FCRA, 15 U.S.C. §§ 1681–1681x, in 

the sale of consumer reports. 

3. Defendant neither admits nor denies any of the allegations in the Complaint, except as 

specifically stated in this Order. Only for purposes of this action, Defendant admits to 

the facts necessary to establish jurisdiction. 

4. Defendant waives any claim that it may have under the Equal Access to Justice Act, 28 

U.S.C. § 2412, concerning the prosecution of this action through the date of this Order, 

and agrees to bear its own costs and attorney’s fees. 

5. Defendant waives all rights to appeal or otherwise challenge or context the validity of this 

Order. 

DEFINITIONS 

For the purpose of this Order, the following definitions apply: 

A. “Consumer Report” means any written, oral, or other communication of any 

information by a Consumer Reporting Agency bearing on a consumer’s credit worthiness, credit 

standing, credit capacity, character, general reputation, personal characteristics, or mode of living 

which is used or expected to be used or collected in whole or in part for the purpose of serving as 

a factor in establishing the consumer’s eligibility for (A) credit or insurance to be used primarily 

for personal, family, or household purposes; (B) employment purposes; or (C) any other purpose 

authorized under FCRA Section 604, 15 U.S.C. § 168lb. 

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B. “Consumer Reporting Agency” means any person which, for monetary fees, dues, or 

on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of 

assembling or evaluating consumer credit information or other information on consumers for the 

purpose of furnishing Consumer Reports to third parties, and which uses any means or facility of 

interstate commerce for the purpose of preparing or furnishing Consumer Reports. 

C. “Defendant” means RealPage, Inc. and its successors and assigns. 

ORDER 

I. PROHIBITED BUSINESS ACTIVITIES 

IT IS ORDERED that Defendant, Defendant’s officers, agents, employees, 

and attorneys, and all other persons in active concert or participation with any of them, who 

receive actual notice of this Order, whether acting directly or indirectly, in connection with 

operating as a Consumer Reporting Agency, are hereby permanently restrained and enjoined 

from failing to maintain reasonable procedures to assure the maximum possible accuracy of the 

information concerning the individual about whom a Consumer Report relates. 

II. MONETARY JUDGMENT FOR CIVIL PENALTY 

IT IS FURTHER ORDERED that: 

A. Judgment in the amount of three million dollars ($3,000,000) is entered in favor of the 

Commission against Defendant as a civil penalty. 

B. Defendant is ordered to pay to the Commission three million dollars ($3,000,000), which, 

as Defendant stipulates, its undersigned counsel holds in escrow for no purpose other than 

payment to the Commission. Such payment must be made within seven (7) days of entry of this 

Order by electronic fund transfer in accordance with instructions previously provided by a 

representative of Commission. 

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III.ADDITIONAL MONETARY PROVISIONS 

IT IS FURTHER ORDERED that: 

A. Defendant relinquishes dominion and all legal and equitable right, title and interest in all 

assets transferred pursuant to this Order and may not seek the return of any assets. 

B. The facts alleged in the Complaint will be taken as true, without further proof, in any 

subsequent civil litigation by or on behalf of the Commission, including in a proceeding to 

enforce its rights to any payment or monetary judgment pursuant to this Order. 

C. Defendant acknowledges that its Taxpayer Identification Number (Employer 

Identification Number), which Defendant previously submitted to the Commission, may be used 

for collecting and reporting on any delinquent amount arising out of this Order, in accordance 

with 31 U.S.C. §7701. 

IV. ORDER ACKNOWLEDGMENTS 

IT IS FURTHER ORDERED that Defendant obtain acknowledgments of receipt of 

this Order: Defendant, within seven (7) days of entry of this Order, must submit to the 

Commission an acknowledgment of receipt of this Order sworn under penalty of perjury. 

A. For three (3) years after entry of this Order, Defendant must deliver a copy of this Order 

to: (1) all principals, officers, directors, and LLC managers and members; (2) all employees, 

agents, and representatives who have managerial responsibilities for the subject matter of the 

Order; and (3) any business entity resulting from any change in structure as set forth in the 

Section titled Compliance Reporting. Delivery must occur within seven (7) days of entry of this 

Order for current personnel. For all others, delivery must occur before they assume their 

responsibilities. 

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B. From each individual or entity to which Defendant delivered a copy of this Order, 

Defendant must obtain, within thirty (30) days, a signed and dated acknowledgment of receipt of 

this Order. 

V. COMPLIANCE REPORTING 

IT IS FURTHER ORDERED that Defendant make timely submissions to the 

Commission: 

A. One year after entry of this Order, Defendant must submit a compliance report, sworn 

under penalty of perjury. Defendant must: (a) identify the primary physical, postal, and email 

address and telephone number, as designated points of contact, which representatives of the 

Commission may use to communicate with Defendant; (b) identify all of Defendant’s businesses 

by all of their names, telephone numbers, and physical, postal, email, and Internet addresses; (c) 

describe the activities of each business, including a description of any products and services that 

involve Consumer Reports; (d) describe in detail whether and how Defendant is in compliance 

with each Section of this Order; and (e) provide a copy of each Order Acknowledgment obtained 

pursuant to this Order, unless previously submitted to the Commission. 

B. For 10 years following entry of this Order, Defendant must submit a compliance 

notice, sworn under penalty of perjury, within 14 days of any change in the following: (a) any 

designated point of contact; or (b) the structure of Defendant or any entity that Defendant has 

any ownership interest in or directly or indirectly controls that may affect compliance obligations 

arising under this Order, including creation, merger, sale, or dissolution of the entity or any 

subsidiary, parent, or affiliate that engages in any acts or practices subject to this Order. 

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C. Defendant must submit to the Commission notice of the filing of any bankruptcy petition, 

insolvency proceeding, or any similar proceeding by or against Defendant within 14 days of its 

filing. 

D. Any submission to the Commission required by this Order to be sworn under penalty of 

perjury must be true and accurate and comply with 28 U.S.C. § 1746, such as by concluding: “I 

declare under penalty of perjury under the laws of the United States of America that the 

foregoing is true and correct. Executed on: _____” and supplying the date, signatory’s full 

name, title (if applicable), and signature. 

E. Unless otherwise directed by a Commission representative in writing, all submissions to 

the Commission pursuant to this Order must be emailed to DEbrief@ftc.gov or sent by overnight 

courier (not the U.S. Postal Service) to: Associate Director for Enforcement, Bureau of 

Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, 

DC 20580. The subject line must begin: FTC v. RealPage, Inc. 

VI. RECORDKEEPING PROVISIONS 

IT IS FURTHER ORDERED that Defendant must create certain records for 10 years 

after entry of the Order, and retain each such record for five (5) years. Specifically, in 

connection with providing Consumer Reports, Defendant must create and maintain the following 

records: 

A. Accounting records showing the revenues from all goods or services sold; 

B. Personnel records showing, for each employee: name, addresses, and telephone numbers; 

job title or position; dates of service; and, if applicable, the reason for termination; 

C. Complaints and refund requests concerning the subject matter of the Order, whether 

received directly or indirectly, such as through a third party, and any response; 

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D. All employee training materials concerning the subject matter of the Order; 

E. All records necessary to demonstrate full compliance with each provision of this 

Order, including all submissions to the Commission. 

VII. COMPLIANCE MONITORING 

IT IS FURTHER ORDERED that, for the purpose of monitoring Defendant’s compliance 

with this Order: 

A. Within 14 days of receipt of a written request from a representative of the Commission, 

Defendant must: submit additional compliance reports or other requested information, which 

must be sworn under penalty of perjury; appear for depositions; and produce documents, for 

inspection and copying. The Commission is also authorized to obtain discovery, without further 

leave of court, using any of the procedures prescribed by Federal Rules of Civil Procedure 29, 30 

(including telephonic depositions), 31, 33, 34, 36, 45, and 69, provided that Defendant, after 

attempting to resolve a dispute without court action and for good cause shown, may file a motion 

with this Court seeking an order for one or more of the protections set forth in Rule 26(c). 

B. For matters concerning this Order, the Commission is authorized to communicate directly 

with Defendant. Defendant must permit representatives of the Commission to interview any 

employee or other person affiliated with Defendant who has agreed to such an interview. The 

person interviewed may have counsel present. 

C. The Commission may use all other lawful means, including posing, through its 

representatives, as consumers, suppliers, or other individuals or entities, to Defendant or any 

individual or entity affiliated with Defendant, without the necessity of identification or prior 

notice. Nothing in this Order limits the Commission’s lawful use of compulsory process, 

pursuant to sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 49, 57b-1. 

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VIII. RETENTION OF JURISDICTION 

IT IS FURTHER ORDERED that this Court retains jurisdiction of this matter for 

purposes of construction, modification, and enforcement of this Order. 

IT IS SO ORDERED this ___day of ____2018. 

Hon. 

 UNITED STATES DISTRICT JUDGE 

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SO STIPULATED AND AGREED: 

FOR PLAINTIFF, THE FEDERAL TRADE COMMISSION: 

~/Mllf,s 

MANEESHA MITHAL 

Associate Director 

Division of Privacy and Identity Protection 

~ Assistant Director 

Division of Privacy and Identity Protection 

Attorney 

New York Bar No. 4023248 

Division of Privacy and Identity Protection 

Federal Trade Commission 

600 Pennsylvania Ave, NW 

Washington, DC 20580 

Mail Stop CC-8252 

(202) 326-3040; tgeorge@ftc.gov 

(202) 326-1392 (fcμv) . / ' 

A 

Att ey 

New York Bar No. 4802567 

Division of Privacy and Identity Protection 

Federal Trade Commission 

600 Pennsylvania Ave, NW 

Washington, DC 20580 

Mail Stop CC-8252 

(202) 326-3334; akoulousias@ftc.gov 

(202) 326-3392 (fax) 

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Attorney 

Texas Bar No. 24054286 

Federal Trade Commission 

1999 Bryan Street, Suite 2150 

Dallas, Texas 75201 

(214) 979-9371; alejeune@ftc.gov 

(214) 953-3079 (fax) 

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