Drive-by Lawsuits

We noted this week a story on the dramatic increase – to record breaking numbers – of lawsuits filed alleging violations of the Americans with Disabilities Act (ADA) Title III. Over 11,000 lawsuits were filed in 2019 – up from just 2700 in 2013 – alleging some violation of the landmark 1990 law. That fact…

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Drive-By Lawsuits 2.0

For several years now, businesses have been plagued by litigation alleging violations of the American with Disabilities Act (whether violations existed or not) in order to extract a financial settlement (small enough to be worth settling, but large enough to be a problem) from the business owner. Such lawsuits become known as “drive-by lawsuits”. For…

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A New “Drive-by” Lawsuit

It can’t even be called a “drive-by” lawsuit, but metaphorically speaking, that is the perfect description. A lawsuit against Dunkin’ has been revived and remanded by the 11th Circuit Court of Appeals. Dennis Haynes v. Dunkin’ Donuts, LLC stems from allegations by a Haynes, a blind Florida man that he was being discriminated against in…

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Senate Dems Save Drive-by Lawsuits

Senate Democrats have formed a filibuster proof bloc of 43 Senators opposing a bill passed by the House in February that adds new provisions to the Americans with Disabilities Act (ADA). The group of Senators advised Senate Majority Leader Mitch McConnell in a letter signed by all 43 this week that they will not allow…

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House Passes ‘drive-by lawsuit’ Fix

The US House of Representatives yesterday passed HR 620, which requires that business owners be given details about alleged ADA violations and a time to cure the default before a lawsuit can be initiated. The ADA Education and Reform Act of 2017, which has long been a priority of the Coalition of Franchisee Associations (CFA),…

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Drive-by Lawsuit Hearing

The Coalition of Franchisee Associations (CFA), of which DDIFO is a founding member, has been working hard over the past several years to get Congress to stop the proliferation of so-called drive-by lawsuits. Well, its hard work is finally starting to show some results as this week the Senate Committee on the Judiciary held a…

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From Drive-by Lawsuits to Drive-Thru Discrimination

You might wonder whether we’ve gone too far in our quest to even every playing field with a new lawsuit filed against McDonalds alleging that their requirement that customers going through the drive-thru must have a car is discriminatory.  The suit was filed by a blind man from Louisiana, Scott Magee. Magee claims he’s being…

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Drive-by Lawsuit Hearing

It may be a while before we see real reform on one of the Coalition of Franchisee Association’s (CFA) top priorities, but at least we’ve begun the process.  The House Judiciary’s Subcommittee on the Constitution and Civil Justice last week held a public hearing on the Americans with Disabilities Education and Reform Act (HR. 3765). …

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Congress To Hear Testimony on “drive-by Lawsuits”

It was one of the key talking points highlighted by the Coalition of Franchisee Associations at the organizations Lobby Day back in March, and now the House Judiciary Subcommittee on the Constitution and Civil Justice will hold a hearing on the ADA Education and Reform Act (HR3765).  The committee will take testimony in a public…

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