Tag Archives: ADA

Can you get revenge for a fraudulent ADA lawsuit?

I often get the question: “Can I sue them back”?  People who are sued by ADA plaintiffs know  in their hearts that many, if not most, of the ADA lawsuits are essentially extortive, and did not involve a real disabled … Continue reading

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Is Your Website Vulnerable to an ADA Lawsuit?

Published originally at oscodelaw.com as: Are Your Websites at Risk for an ADA Lawsuit? Enacted in 1990, and amended multiple times since, the The Americans with Disabilities Act (ADA) was created to ensure equal access for people with a wide range … Continue reading

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California AB 1521 now law: Strongest measure yet to curb ADA abuse

Assembly Bill 1521 was signed into law on Oct. 10, 2015.  It attempts to curb disabled access lawsuit abuse, in particular by “frequent filers.”    Like its predecessors, Senate Bill 1608 in 2008 and Senate Bill 1186 in 2012, AB … Continue reading

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To CASp or not to CASp?

“CASp” refers to Certified Access Specialist.  The designation was created by California Senate Bill 1608 which became law 2008, and can be found in Civil Code sections 55.3 et seq. When the bill was working its way through the legislature, … Continue reading

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The Six Best Things to “Fix” to Prevent a Lawsuit by an Access Lawsuit Troll

While disabled access laws prescribe literally hundreds of specifications, there is a shortlist of items that trigger the majority of lawsuits.  A property owner or business can substantially reduce the chance of being sued by upgrading these items, often at … Continue reading

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A Proposal for Access Lawsuit Reform that Helps Everybody but the Lawyers

Even staunch supporters of the American’s with Disabilities Act and it’s California corollaries now widely acknowledge that these laws are being abused. A few lawyers and plaintiffs bring the bulk of the state’s disabled access lawsuits, typically relying on the … Continue reading

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Disabled Access Lawsuit Myths: Second Myth – Small Claims Need Big Lawsuits to force Compliance (i.e. Injunctive Relief)

This article is the second installment of the disabled access “myth” series. The first installment discussed the myth that alleged violators have been violating the law for for nearly 25 years. The article pointed out the fact that businesses in … Continue reading

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