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The Premiere ADA Lawsuit Defense, Business, and Real Estate Attorneys

Fighting back against serial ADA complaint filers

On Behalf of | Nov 2, 2021 | ADA |

The Americans with Disabilities Act (ADA) helps level the social and economic playing field so that those with disabling medical conditions have access to the same opportunities and amenities as anyone else.

One of the ways the ADA protects Americans with disabling medical conditions is by empowering them to file a civil lawsuit when a business clearly violates the rules outlined in the ADA. Most people who file ADA lawsuits do so because they experienced discrimination from an employer or hardship because a business did not provide them with amenities.

Unfortunately, there are also serial filers who view the ADA as an opportunity to generate personal revenue at the expense of small businesses.

What does a serial filer do?

Right here in California, a particular ADA lawsuit claimant has become well-known in part due to filing dozens of lawsuits against different businesses in a short amount of time. Some of these lawsuits target businesses that the filer never patronized and may not even have intended to patronize based on their personal characteristics in the services provided by the businesses.

Companies affected by serial filing have started to band together to defend themselves. In theory, those dealing with abusive attempts to use the ADA for personal enrichment could cooperate with others facing similar claims from the same filer.

A business facing a claim made by a serial filer also has an opportunity to defend itself based on its own merits and its unique interactions with the claimant. The appropriate approach when dealing with a serial filer will depend on exactly what allegations they made against your company.

What are some common ADA complaints brought by consumers?

Any business open to the public needs to be accessible for anyone, meaning that there should be wheelchair-accessible entrances and handicap-accessible bathrooms.

Some businesses face complaints because they do not have any signage posted regarding accommodations that they might offer for people with disabling medical conditions. Other businesses could potentially face claims related to their digital presence. Businesses that have websites that are not compatible with screen-reading software could face claims that they have denied services or opportunities to those with visual impairments.

Learning more about what the ADA means for your business can help you defend against claims that you violated this crucial law.