Stopping Drive-By Lawsuits
Associate Evan Gibbs’ biweekly byline in Above the Law focuses on “drive-by” lawsuits. He writes, “Title III permits private individuals to sue non-compliant businesses for alleged violations, no matter how minor or technical the alleged violation. And while Title III plaintiffs are not entitled to monetary damages, the statute contains an attorneys’ fees provision for successful plaintiffs.” He continues, “Some sources place the average settlements in these cases at around $16,000… while the cost of fighting the case can easily land in the hundreds of thousands of dollars. This has resulted in a phenomenon referred to as ‘drive-by lawsuits’…” Gibbs speculates on if anything can be done to stymie the tide of these questionable lawsuits, citing Florida’s House Bill 727 and actions by state attorneys general to curb serial filers. |