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Re: cost of lawsuit?

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From: Jonathan Avila
Date: May 22, 2019 12:30PM

The 4k amount you often hear of is in relation to statutory damages that some states allows when suits are filed against the ADA and state laws for accessibility such as the Unruh Act in California. Most settlements for folks who just want a payout are in the range of what Jared mentioned although sometimes slightly higher.

Regarding being sued again -- it's very common and unless the case was settled as a class action or there is an agreement with the DOJ or something similar. Otherwise the future plaintiffs were not involved in the original settlement and thus often have legal right to litigate as well. Class actions in this area are appearing more commonly but may be hard to get certified as a class -- but if they do the risk could be higher to defendants. ADA suits at civil suits filed in Federal courts and thus double jeopardy is not relevant. I'm not a lawyer though and this isn't legal advice.

Jonathan

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Subject: Re: [WebAIM] cost of lawsuit?

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We're all in the same boat with regards to this being shortsighted and a missed opportunity. I was mainly curious from the monetary standpoint.
I've seen demand letters for $4k so that seems to be in the range you've seen, Jared. I'm sure the lawyers have done their homework and set the demand amount in the "sweet spot" where it's less hassle to just pay rather than to fight the suit.

I hate these driveby lawsuits. It gives a11y a bad rap.

I'm curious why double jeopardy (5th Amendment - so a US based law) doesn't apply. Is it because an ADA lawsuit isn't claiming the defendant is committing a "crime"? The 5th Amendment pertains to being tried of a crime.