A drive-by lawsuit is a type of lawsuit that is filed by an individual or organization with the primary objective of extracting a settlement or payment from a defendant, rather than seeking a legal remedy or resolution of a dispute. These lawsuits typically allege a violation of a legal requirement or regulation, such as the Americans with Disabilities Act or the Fair Housing Act, and often target small businesses that may not have the resources to fight the claims in court.
The term “drive-by” refers to the fact that the lawsuits are often filed without any prior warning or attempt to resolve the issue outside of court. Instead, the plaintiff may simply send a demand letter or file a lawsuit, hoping to pressure the defendant into settling quickly to avoid the cost and hassle of a legal battle.
Drive-by lawsuits are controversial, as some critics argue that they exploit legal loopholes to extract settlements from small businesses without any real legal merit. However, supporters argue that they serve an important role in enforcing legal protections and ensuring that businesses comply with regulations.
The Americans with Disabilities Act has helped improve the lives of tens of millions of people. It’s lessened discrimination against them and made everyday life more accessible. Because of the law, every business that serves the public — all 7 million of them in America — has to make sure disabled customers have equal access, and if businesses don’t comply, they can be sued without warning. https://www.cbsnews.com/news/60-minutes-americans-with-disabilities-act-lawsuits-anderson-cooper/
Man filed more than 100 lawsuits alleging ADA violations at businesses across several states, court records show. 11Alive Investigates found most of the lawsuits were with the same attorney. A local business owner said he’s dumbfounded by the lawsuit and it “was just not true.”
Out-of-state law firm blitzes companies in Colorado with “drive-by” ADA lawsuits
Douglas County man represented by New Jersey firm has filed 52 nearly identical lawsuits since December Read More from The Denver Post; https://www.denverpost.com/2020/10/02/ada-compliance-lawsuits-colorado/
Drive-By ADA Lawsuits: The Cities Strike Back
By Daniel W. Ballesteros & Alex H. Ramon
Serial plaintiffs have filed and continue to file Title III Americans with Disabilities Act (ADA) based lawsuits throughout the Bay Area, even during the pandemic. These claims are generally referred to as “Drive-By” lawsuits, because the person filing the lawsuit may never even get out of their vehicle, but their employee or agent will come onto a business’s property with a tape measure or a level, observe some alleged violation of the ADA and then file a lawsuit against the business operating the facility and landowner. California has taken steps to curtail the impact of these lawsuits through various amendments to the Unruh Civil Rights Act. Serial filers have circumvented these procedural safeguards by filing their ADA lawsuits in California’s federal courts. By doing so, the serial filers are able to seek injunctive relief and attorney’s fees under the ADA and also statutory damages of $4,000 per occurrence under the Unruh Civil Rights Act. Read more: https://www.hogefenton.com/news-events/drive-by-lawsuits-cities-strike-back/#:~:text=These%20claims%20are%20generally%20referred%20to%20as%20%E2%80%9CDrive-By%E2%80%9D,against%20the%20business%20operating%20the%20facility%20and%20landowner.
How to Best Avoid or Defend an ADA Drive By Lawsuit
A paper presented by at
International Franchise Association
52nd Annual Legal Symposium
May 5-7, 2019
Washington, DC
Eunice Nakamura
G6 Hospitality, LLC
Dallas, Texas
Jonathan E. Perlman
Genovese Joblove & Battista, P.A.
Miami, Florida
R. Henry Pfutzenreuter
Larkin Hoffman Daly & Lindgren Ltd.
Minneapolis, MN
https://www.franchise.org/sites/default/files/2019-05/HowtoBestAvoidorDefendanADADrive-ByLawsuit.pdf