House Passes Bill to Curb Abusive ADA Lawsuits

The House of Representatives on Feb. 15 voted 225-192 in favor of the ADA Education and Reform Act (H.R. 620), which would require any Americans with Disabilities Act civil action to specifically identify the alleged ADA violations or barriers to access being alleged. The bill would further provide defendants that own public accommodations (such as truckstop operators) a time period during which they can remedy alleged violations without being found liable in court.
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The House of Representatives on Feb. 15 voted 225-192 in favor of the ADA Education and Reform Act (H.R. 620), which would require any Americans with Disabilities Act civil action to specifically identify the alleged ADA violations or barriers to access being alleged. The bill would further provide defendants that own public accommodations (such as truckstop operators) a time period during which they can remedy alleged violations without being found liable in court.
 
Many truckstop operators have been targeted by frivolous "demand letters" and lawsuits vaguely alleging ADA violations.  These abusive letters, often filed by plaintiffs' attorneys that specialize in this type of practice, demand settlement money that is often just shy of the amount of money it would cost a retailer to successfully defend the case in court.  H.R. 620 is designed to protect against such abusive tactics.

Although this is a positive development for NATSO members, the legislation faces an extraordinarily uphill battle in the Senate. 

NATSO has prepared an ADA design requirements summary and compliance guide for members. Additionally, the NATSO Foundation has prepared a more detailed ADA Compliance Toolkit.

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