News

Bill targeting ADA lawsuits passes Calif. Senate

May 31, 2012

The California legislature is continuing to work toward a solution to abusive ADA lawsuits.

Legal News Line reported that, on a bipartisan vote, the California senate this Tuesday passed SB 1186, which would ban "demand for money" letters from ADA plaintiffs' attorneys. Four other senate and assembly bills have also been proposed but have been defeated or postponed.

The letter ban concerns communications from attorneys that demand payment — including legal fees in addition to a settlement amount — in exchange for dropping a threatened ADA suit.

In addition to the demand letter ban, SB 1186 would require attorneys to send a notice letter to a business before pursuing an ADA suit. The business owner or landlord would then have 30 days to correct the problem.

"The issue of shakedown lawsuits is affecting every county in this state, and the fact that we have gotten unanimous bipartisan support of this legislation as it moves forward is proof that the issue has caught the attention of the entire Senate," said Sen. Bob Dutton, R-Rancho Cucamonga who co-authored the bill with Senate Pro Tem Darrell Steinberg, D-Sacramento.

For more on this topic, visit the ADA compliance research center.