‘Cash for Compliance’ – tort reforms shut down bad actors

June 7, 2017 by  

SB 1406 – Cashing in on ADA Compliance. Businesses shouldn’t ignore the requirements of the Americans with Disabilities Act, but neither should legal “advocates” for individuals with disabilities file lawsuits for gain and no intention of actually aiding those with disabilities by achieving ADA compliance.  Gen. Brnovich successfully shut down one such lawyer in Arizona who had filed more than 1,700 ADA parking lot lawsuits in one year.   According to Attorney General Mark Brnovich it’s more of a shake-down for businesses to settle out of court – of up to $7,500 per business – often for having a sign that is a few inches too low.   To help deter future ‘cash for compliance’ schemes (see ABC-15 Dave Biscobing’s coverage), the legislature passed SB 1406.  The legislation allows a 30 day cure period within which a business must comply, but deters bad acting lawyers from unduly profiting from the disabled community.  See this article: New law eases ADA fixes – deters unscrupulous attorneys.

SB 1325 , a Barto-sponsored tort reform, deters similar shakedowns – this time aimed at Arizona nursing homes.  Unscrupulous lawyers troll for new clients by deceiving them with half truths in full page advertisements linking claims of presumably dismal patient care with a nursing facility’s already cured health inspection deficiencies.  This needlessly costs nursing facilities thousands to defend their reputations.  SB 1325  requires that the rest of the information – the true, updated facts that matter – also appear in print.

 

 

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