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KELLY v. REALPAGE INC.

No. 21-1672.

47 F.4th 202 (2022)

Kevin Joseph KELLY; Karriem Bey, On behalf of themselves and all others similarly situated, Appellants v. REALPAGE INC., d/b/a OnSite; RP On Site, LLC.

United States Court of Appeals, Third Circuit.

(Opinion Filed: August 24, 2022).

Attorney(s) appearing for the Case

Lauren K.W. Brennan , James A. Francis , John Soumilas [ARGUED], Francis Mailman Soumilas, 1600 Market Street, Suite 2510, Philadelphia, PA 19103, Counsel for Appellants.

Ronald I. Raether, Jr. , Troutman Pepper, 5 Park Plaza, Suite 1400, Irvine, CA 92614, Misha Tseytlin [ARGUED], Troutman Pepper, 227 West Monroe Street, Suite 3900, Chicago, IL 60606, Counsel for Appellees.

Mark W. Mosier , Covington & Burling, 850 10th Street, N.W., One City Center, Washington, DC 20001, Counsel for Amici Curiae Consumer Data Industry Association and Professional Background Screening Association.

Nicole A. Saharsky , Mayer Brown, 1999 K Street, N.W., Washington, DC 20006, Counsel for Amicus Curiae Chamber of Commerce of the United States of America.

Before: GREENAWAY, JR., KRAUSE, and PHIPPS, Circuit Judges.

OPINION

In late 2018, Appellants Kevin Kelly and Karriem Bey found themselves in just the sort of frustrating predicament the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., was designed to avoid, see J.A. 5. Their rental applications were denied based on inaccurate consumer reports...

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