(Victorville)–After being inundated with letters from small businesses across California that have fallen prey to abusive and predatory lawsuits concerning the Americans with Disabilities Act, SB 1608 and SB 384 were passed. The hope was they would stop the demand letters of non-compliance, but California has a unique law that unlike the federal ADA permits the recovery of damages for noncompliance.
Demands in the range of $5,000 – $8,000 are still being sent to small businesses for minor infractions. The payment of this settlement combined with hiring a lawyer to respond can easily add up to $15,000 which most small businesses cannot afford to pay in this economy while struggling to stay open. There is a proposal in the California State Legislature called “right to cure” that would give businesses 90 days to comply also Senator Dutton introduced SB 1186.
This could help stop certain aggressive attorneys and predatory plaintiffs that are profiting from the loophole. For more information read here.