1. Why did I get this Notice?
You received a notice because RealPage Utility Management, Inc. identified you as a person to whom it sent a monthly statement
pertaining to utility usage concerning a Maryland residence, which included an administration fee, during the period beginning
April 1, 2017 through June 30, 2023.
The Court sent the notice because Settlement Class Members have a right to know about this class action lawsuit and settlement,
and about your option to exclude yourself from the class action and settlement if you so desire.
The Court in charge of the case is the U.S. District Court for the District of Maryland, and the case is
known as Moore v. RealPage Utility Management, Inc., Case No. 8:20-cv-00927-PX
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2. What is this lawsuit about?
The lawsuit claims that RealPage Utility Management, Inc. acted as a collection agency in Maryland without a legally-required
Maryland collection agency license when it sent monthly statements to Class Members for utilities and other fees,
and that it violated Maryland law by charging administrative fees in connection with that unlicensed activity.
RealPage Utility Management, Inc. denies these claims and believes it did nothing wrong.
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3. Why is this a class action?
In a class action, one or more individuals called Class Representatives (in this case Paul Moore), file claims on behalf of
themselves as well as other individuals who have similar claims. If a Court determines that those similar claims should
all be handled in one lawsuit, the Court may order that the claims proceed as a class action. The federal
U.S. District Court for the District of Maryland is in charge of this class action.
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4. Why is there a settlement?
The Court did not decide any of the issues. The Class Representative alleged the Class should be allowed to recover the
monthly administrative fees RealPage Utility Management, Inc. charged to the approximately 233,000 Class Members,
after a trial. For example, Class Representative Paul Moore was charged monthly administrative fees of $5.50 at
certain times, and alleged that he should be allowed to recover those fees. RealPage Utility Management, Inc. argued that
it did not establish or directly benefit from the administrative fees, so the Class should not recover anything.
But there was no trial. Instead, both sides agreed to a settlement. That way, they avoid the costs of additional and
protracted legal proceedings, potentially including a trial and appeals, and Class Members will get compensation
if they file a valid and timely claim. Class Counsel think the settlement is best for all Class Members.
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5. How do I know if I am part of the settlement?
The parties agreed and the U.S. District Court for the District of Maryland decided that everyone who fits the following
description is a Class Member (with some exceptions):
All persons to whom RealPage Utility Management, Inc. sent a monthly statement pertaining to utility usage concerning a
Maryland residence, which included an administration fee, during the period beginning April 1, 2017 through and including June 30, 2023.
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6. Are there exceptions to being included?
The Settlement Class excludes all employees, officers and directors of RealPage Utility Management, Inc., and all employees of the Court.
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7. I’m still not sure if I am included.
If you are still not sure whether you are included, you can ask for free help.
You can email questions@MooreClassSettlement.com for further assistance.
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8. What am I giving up to stay in the settlement?
Unless you exclude yourself from this case, you will remain a Settlement Class Member, and that means that you can’t sue,
continue to sue, or be part of any other lawsuit against RealPage Utility Management, Inc. about claims that were
asserted or could have been asserted in this case. It also means that all of the Court’s orders will apply to you and
legally bind you. The full scope of the release is available in the Settlement Agreement on the Settlement Website.
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9. What does the settlement provide?
RealPage Utility Management, Inc. has agreed to pay $1,800,000 into a Settlement Fund, which RealPage Utility Management, Inc.
represents is a disgorgement of all profits that RealPage Utility Management, Inc. made in connection with the monthly
billing services it provided to its customers in relation to the Settlement Class Members during the Class Period.
The Settlement Fund will be used to pay Class Counsel’s expenses and up to 1/3 of the Settlement Fund in attorneys’ fees subject
to Court approval, and, after deduction of those amounts, the Settlement Fund will be used to make payments to all
Settlement Class Members who file valid claims. In order to make a valid claim, Settlement Class Members must choose whether
to receive their settlement payment in the form of a paper check, or in the form of an electronic debit or gift card.
RealPage Utility Management, Inc. has represented that the Settlement Class includes approximately 233,000 persons.
Settlement Class Members who file valid claims will be entitled to a pro rata payment in proportion to the amount of
administration fees charged to the Settlement Class Member submitting a valid claim (according to RealPage
Utility Management, Inc.’s records) as compared to the total amount of administration fees charged to all
Settlement Class Members who file valid claims. Class Members who file valid claims and were charged more in administration
fees will receive larger payments than Settlement Class Members who were charged less in administration fees; and,
each Settlement Class Member’s payment amounts will increase or decrease proportionally based upon the total
number of valid claims filed. Settlement Class Members may file claims online by clicking here,
or through a paper Claim Form. In addition to the Settlement Fund, RealPage Utility Management, Inc. has
agreed to pay $15,000 in a service payment to the Named Plaintiff, Paul Moore, subject to Court approval.
Furthermore, RealPage Utility Management, Inc. has agreed to an injunctive relief order requiring it to apply
for a Maryland collection agency license. In exchange for the Settlement Fund and agreed injunctive relief,
Settlement Class Members give up any right to sue for claims resulting from, arising out of, or regarding the
factual predicate alleged in the Litigation.
All claims must be made on or before September 2, 2024. If you do not file a valid claim, you will not receive any payment. However,
you would still be bound by the settlement if you do not opt-out. You may file a claim online by clicking here.
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10. Can I file more than one claim?
No. Even if you received multiple bills from RealPage Utility Management, Inc., you only need to file one claim.
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11. How can I file a claim?
The deadline for filing a Claim is September 2, 2024.
You must file a claim, either online or by mail, to receive payment.
You may file a claim by clicking here. You may also download a claim form from the
Important Documents page,
print it out, complete it, and deliver it to the Settlement Administrator at Moore v. RealPage Utility Management, Inc.,
c/o Settlement Administrator, P.O. Box 16, West Point, PA 19486.
Whatever method you choose, you must fully complete the claim form and properly submit it to the
Settlement Administrator before your claim will be recognized as being filed.
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12. If I file a Claim, when will I get paid?
The Court will hold a hearing on May 28, 2024 July 2, 2024, to decide whether to approve the settlement. If the Court approves the settlement,
and there is no appeal, the Settlement Administrator will send payments to Settlement Class Members who have filed valid and
completed claims on a date that is the later of forty-five (45) days after: (1) the Effective Date; or
(2) the Claims Deadline. The deadline for filing a claim is September 2, 2024.
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13. How do I get out of the settlement?
To exclude yourself from the settlement, you must send a letter by mail saying that you want to be excluded from the Class in
Moore v. RealPage Utility Management, Inc. Be sure to include your name, address, telephone number, and your signature.
You must mail your exclusion request postmarked no later than April 20, 2024 to:
Moore v. RealPage Utility Management, Inc. Exclusions
c/o Settlement Administrator
P.O. Box 16
West Point, PA 19486
If you ask to be excluded by the deadline, you will not be eligible for any settlement payment, and you cannot object to the settlement,
but you will not be legally bound by anything that happens in this lawsuit. Full details regarding the exclusion process are available
in the Settlement Agreement on the Settlement Website.
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14. If I don’t exclude myself, can I sue RealPage Utility Management, Inc. later?
No. Unless you exclude yourself, you give up any right to sue the Released Parties for claims resulting from,
arising out of, or regarding the factual predicate alleged in the Litigation. If you have another pending lawsuit
about the claims in this lawsuit, speak to your lawyer in that case immediately. You must exclude yourself from this
Settlement Class to continue another lawsuit involving the same transactions as this case. Remember, the exclusion
deadline is April 20, 2024.
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15. If I exclude myself, can I get benefits from this settlement?
No. If you exclude yourself, you cannot be part of this settlement.
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16. Do I have a lawyer in this case?
The Court appointed the law firm of Gordon, Wolf & Carney, Chtd., in Hunt Valley, Maryland, to represent you and
other Class Members. These lawyers are called Class Counsel. You will not be individually charged for these lawyers.
If you are a Settlement Class Member and you want to be represented by your own lawyer, and you do not request exclusion,
you may hire a lawyer at your own expense and enter an appearance through that lawyer.
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17. How will the lawyers be paid?
Class Counsel will ask the Court to approve payment of 1/3 of the common fund for attorneys’ fees, plus the expenses they incurred
litigating this case. The fees would pay Class Counsel for investigating the facts, litigating the case, and negotiating the settlement.
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18. How do I tell the Court that I don’t like the settlement?
If you’re a Settlement Class Member, you can object to the settlement if you don’t like any part of it. You can give reasons why you think
the Court should not approve it. To object, you must send a letter saying that you object to the settlement in
Moore v. RealPage Utility Management, Inc., Case No. 8:20-cv-00927-PX. Any objection must include the following:
(1) the Settlement Class Member’s full name, address and current telephone number; (2) if the individual is represented by counsel,
the name and telephone number of counsel, if counsel intends to submit a request for fees and all factual and legal support for that
request; (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
the objector may call to testify; (5) a listing of all exhibits the objector intends to introduce into evidence at the
Fairness Hearing, as well as true and correct of copies of such exhibits; and (6) a statement of whether the objector intends
to appear at the Final Approval hearing, either with or without counsel. Any Settlement Class Member who fails to timely file
and serve a written objection pursuant to these requirements shall not be permitted to object to the approval of the settlement
or the Agreement and shall be foreclosed from seeking any review of the settlement or the terms of the Agreement by appeal or
other means. For any objection to be considered, it must include the information described in this paragraph, and a copy must be
mailed to each of these three different places below, postmarked no later than April 20, 2024:
|
Court
|
Class Counsel
|
RealPage Utility
Management, Inc.’s Counsel
|
Clerk , U.S. District Court for the
District of Maryland
Southern Division
6500 Cherrywood Lane
Greenbelt, MD 20770
|
Benjamin H. Carney, Esq.
GORDON, WOLF & CARNEY, CHTD.
11350 McCormick Road.
Executive Plaza 1, Suite 1000
Hunt Valley, MD 21031
|
David M. Gettings, Esq.
TROUTMAN PEPPER HAMILTON SANDERS LLP
222 Central Park Avenue
Suite 2000
Virginia Beach, VA 23462
|
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19. What’s the difference between objecting and excluding?
Objecting is simply telling the Court that you don’t like something about the settlement and that you
don’t want it approved. You can object only if you stay in the Settlement Class. Excluding yourself, on the
other hand, is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself,
you cannot object because you are excluded from the Settlement Class and the case no longer affects you.
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20. When and where will the Court decide whether to approve the settlement?
The Court is scheduled to hold a Fairness Hearing at 10:00 a.m. on May 28, 2024 July 2, 2024, in the U.S. District Court for the
District of Maryland, Southern Division, 6500 Cherrywood Lane, Greenbelt, MD 20770. The time or place of the hearing
ould change, and you can visit this website to find out if there is any change, or contact the Settlement Administrator
at (866) 576-0175. At this hearing the Court will consider whether the settlement is fair, reasonable, and adequate. If
there are timely and valid objections, the Court will consider them. After the hearing, the Court will decide whether to
approve the settlement. We do not know how long these decisions will take.
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21. Do I have to come to the hearing?
No. But you are welcome to come at your own expense. If you send an objection, you don’t have to come to Court to
talk about it. As long as you mailed your written objection on time and included the required information, the Court
will consider it. You may also pay your own lawyer to attend, but it’s not necessary.
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22. May I speak at the hearing?
You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your
“Notice of Intention to Appear in Moore v. RealPage Utility Management, Inc., Case No. 8:20-cv-00927-PX.” Be sure to include your
name, address, telephone number, and your signature. Your Notice of Intention to Appear must be postmarked no later than April 20, 2024,
and be mailed to the Clerk of the Court, Class Counsel, and RealPage Utility Management, Inc’s Counsel, at the three addresses
listed in the answer to question 18. You cannot speak at the hearing if you exclude yourself.
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23. What happens if I do nothing at all?
If you fit the Class definition above and do nothing, you will not receive any payment. But, unless you exclude yourself,
you will still be a Settlement Class Member, you won’t be able to start a lawsuit, continue with a lawsuit, or be part
of any other lawsuit against RealPage Utility Management, Inc. about the legal or factual issues in this case, or claims
that were asserted or could have been asserted in this case.
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24. Are there more details about the lawsuit and proposed settlement?
The notice summarizes the lawsuit and proposed settlement. More details are in the Complaint, Settlement Agreement, and other
documents filed in Court. You can get a copy of the Complaint, Settlement Sgreement, and other important documents from the
Court or by visiting the Important Documents page. You can also call (866) 576-0175 toll free;
write to Moore v. RealPage Utility Management, Inc. ,
c/o Settlement Administrator, P.O. Box 16, West Point, PA 19486; or email questions@MooreClassSettlement.com to help you determine
whether you are a Class Member.
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