Protect Your Business From ADA Fraud With The Help Of Our Skilled Attorneys
ADA fraud involves individuals or entities who exploit the Americans with Disabilities Act by filing questionable or fraudulent lawsuits against businesses, often demanding settlements without legitimate accessibility barriers. Since 1979, our attorneys at Karlin Law Firm LLP have helped businesses and property owners identify and defend against these predatory practices.
With over 6,000 ADA claims handled nationwide, we protect our clients from fraudulent claims while ensuring genuine accessibility needs are properly addressed. Our lawyers can provide you with comprehensive defense strategies, as well as help you explore your insurance coverage options to minimize costs and prevent future claims.
Notable Cases Of ADA Fraud
The following cases highlight how fraudulent ADA claims operate and the legal consequences faced by those who abuse the system. These examples demonstrate why having knowledgeable ADA defense counsel is crucial when facing accessibility claims.
The information provided below comes from other publications and is presented for informational purposes only. Karlin Law Firm LLP makes no claims regarding the truth or falsity of any reported information.
New Mexico Judge Dismisses 99 Fraudulent ADA Lawsuits
A federal judge in New Mexico dismissed 99 ADA lawsuits after they were deemed frivolous. Attorney Sharon Pomeranz, who filed these cases on behalf of wheelchair user Alyssa Carton, surrendered her law license over allegations of professional misconduct. During a court hearing in Albuquerque, Carton admitted under oath that the cases were frivolous and that she did not fully understand how the lawsuit-filing model worked.
Pomeranz repeatedly lied under oath about the existence of contracts, only to later admit they existed. The Disciplinary Board of the Supreme Court in New Mexico charged Pomeranz with seven counts related to professional misconduct, including:
- Knowingly making false statements in court
- Engaging in conduct involving dishonesty, fraud, deceit or misrepresentation
- Failing to abide by her client’s decisions and keeping her client informed
You can read more details about the case in the “Specification of Charges” from the Disciplinary Board of the Supreme Court of The State Of New Mexico.
Criminal Charges For ADA Extortion In Tustin County
Rodolfo De Hoyos, a 55-year-old Wildomar man, was arrested on April 30, 2015, by Tustin police for allegedly posing as an advocate for the disabled community. According to City News Service, De Hoyos demanded payments up to $10,000 from small businesses he accused of violating the Americans with Disabilities Act.
De Hoyos reportedly identified himself as the owner of ADA Advocates and Consulting and allegedly ran this scheme on more than 50 businesses, collecting over $140,000. Reports indicate he was never actually denied access to these establishments. He was initially charged with 10 counts of extortion by letter related to ADA claims and 10 counts of second-degree burglary. Later, 68 additional counts of extortion related to ADA claims by letter, one count of grand theft and one count of money laundering were added.
Recognizing “Drive-By” ADA Lawsuits And Serial Plaintiffs In California
California businesses face a unique risk from “drive-by” ADA lawsuits because state law allows plaintiffs to seek statutory damages under the Unruh Civil Rights Act when they allege disability access violations.
In legitimate cases, these claims help protect equal access. In abusive cases, serial plaintiffs use the law as leverage, filing boilerplate complaints against the following without any real intent to become customers:
- Restaurants
- Retail shops
- Medical offices
- Hotels
- Small storefronts
These lawsuits often follow a familiar pattern. A plaintiff may allege barriers such as:
- Parking lot slope issues
- Restroom dimensions
- Missing signs
- Counter height problems
- Website accessibility defects
The complaint may look nearly identical to claims filed against other businesses across Orange County, Los Angeles, Riverside, San Diego or the Bay Area. The demand is usually not focused on fixing the alleged issue. Instead, the pressure is placed on quick settlement because defending the case can feel more expensive than resolving it.
We help you look past the fear created by the lawsuit and assess the claim carefully. That includes reviewing:
- Whether the plaintiff has standing
- Whether the alleged barriers actually exist
- Whether your business had already corrected the issue
- Whether the plaintiff’s history suggests serial litigation
Even when a claim appears abusive, it still requires a timely and strategic response.
Frequently Asked Questions
California ADA claims can move quickly, so business owners should understand what the lawsuit may mean before deciding how to respond.
How can I tell if my Orange County business is being targeted by a serial ADA plaintiff?
Warning signs include:
- Complaint with generic language
- Vague allegations
- Repeated claims about minor access issues
- A plaintiff who has filed many similar lawsuits against nearby businesses
You may also notice that the demand focuses on money rather than access improvements.
If the ADA lawsuit against my Los Angeles storefront seems completely fraudulent, should I just ignore it?
No. Ignoring the lawsuit can lead to a default judgment, even if the allegations seem exaggerated or false. A Los Angeles storefront owner should respond by:
- The court deadline
- Preserve photos and records
- Inspect the alleged barriers
- Avoid direct communication with the plaintiff’s representative
We can help you challenge weak allegations while protecting your business from avoidable procedural mistakes.
Can a serial plaintiff sue my California business over website accessibility even if they live out of state?
Yes, it may happen, especially if your website offers online purchases to California customers. Out-of-state residence does not automatically defeat the claim. The key questions include whether the plaintiff can show a real connection to your business and whether the website falls within applicable disability access rules.
Defend Your Business From Fraudulent ADA Claims: Call Us Today
If you’ve received an ADA demand letter or lawsuit that seems suspicious, it’s crucial to immediately consult with an experienced ADA defense attorney. Contact Karlin Law Firm LLP today by calling 888-698-8932 or by sending us your inquiries through our contact form. Our attorneys serve clients throughout California, Florida, New York and nationwide with personalized, effective ADA defense solutions.