The legislation addresses an unintended consequence of the Americans with Disabilities Act (ADA), which has resulted in a national surge in "drive-by lawsuits," by creating a pause in litigation to allow businesses the opportunity to correct alleged barriers to access.
Lawsuits associated with ADA violations have been on the rise in recent years. In 2016, 6,601 ADA Title III lawsuits were filed in federal court — 1,812 more than in 2015. This 37 percent increase continues the upward trend in the number of filings. In 2015, there were 8 percent more Title III lawsuits filed than in 2014.
H.R. 620 establishes a "notice and cure" provision that would create a temporary pause in litigation for up to 120 days before a lawsuit can be filed, allowing property owners the opportunity to correct identified barriers to access. The measure also mandates additional compliance safeguards, incentives to remedy alleged violations and additional resources to train professionals to provide guidance and remediation for potential ADA violations.