“Shakedown lawsuits” refer to legal actions where ADA compliance issues are exploited for financial gain rather than seeking genuine accessibility improvements. These lawsuits typically target businesses and property owners, alleging ADA violations, usually without prior notice. A CASp inspection can be highly beneficial when dealing with an ADA lawsuit. It provides:

• Temporary 90 day stay, halting all court proceedings & litigation surrounding ( this is great because they can’t go looking for more violations! )
  
• Early evaluation conference (EEC) overseen by the courts, which both parties can discuss the possibility of settling the lawsuit
• Legal damages to be reduced to from $4,000 to $1,000 for each visit from the plaintiff

A Certified Access Specialist (CASp Inspector) is the only way you reach “qualified defendant” status in ADA related accessibility lawsuit. To secure this status, you must undergo an inspection of your facility, then obtain a report from a CASp. Furthermore, you have to commit to a schedule of making improvements to reach ADA compliance before an accessibility claim is made against you. 

Working with a CASp inspector is important if you want to drastically reduce the costs associated with your ADA lawsuit. Reach out to ADA Access Consultants today. 

 *Information provided by ADA Access Consultants is not legal advice. We recommend speaking to trusted legal professionals for any questions.