On the recordDecember 8, 2016
in a driveby lawsuit, an attorney will drive by a place of business and look for technical ADA violations. These are usually minor violations that are easily correctable, like the width of a parking space or the height of a van accessible sign. Oftentimes, if a technical violation exists, the attorney will either send a demand letter or threaten the business with a lawsuit. Oftentimes, the demand letter will request a settlement that is just under what it would cost the business to litigate, so the business owner picks the lesser of the two evils and pays the settlement. The scope of the problem is only growing. From the first 6 months of 2015 to the first 6 months of 2016, there was a 63-percent increase in the number of suits filed under title III of the ADA. This year is on pace to see almost 7,000 of these cases brought forward--7,000. Compare 7,000 to the 4,800 lawsuits filed in 2015 and 2,700 in 2013, and we can see what a boon this has been for trial lawyers. In fact, this past Sunday, ``60 Minutes'' did a special report on driveby lawsuits and the toll they are taking on small businesses throughout the country. I would encourage anyone to watch that piece. It explains the problem very well. While California, Florida, and New York have the highest incidents of these driveby lawsuits, my home State of Arizona has seen a dramatic increase in these suits over the last 3 years. In 2013, there were three ADA title III suits brought in Arizona--three.…
Source
govinfo.gov




