Controversy over attorneys seeking out ADA violations
Legal panel weighs in
- Duration 3:57
- Date Apr 17, 2012
Legal panel weighs in
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This transcript is automatically generated
A growing controversy that's costing some small business owners big -- lawyers across the country -- violations with.
The Americans with disabilities act.
Then going out and finding an alleged victims they file lawsuits they can get a big payday even though nobody realize that they were being heard.
Joining us that talk about this is Fox News legal analyst -- wheel and Fred TC who's a former prosecutor and a trial attorney.
Good to see you both and -- I think this is the problem that a lot of people have.
With trial attorneys isn't it that they sort of first state by the potential lawsuit that -- go out five to people who you know who may be who may be at risk here.
Right Rick ambulance chaser that definition right that you're in this in this in this lawsuit because.
What's happening here is -- that Americans with disabilities act the laudable act and people are hurt and should be.
That the drop in prosecuted then and an odd that this is gone after.
But when you're talking about people who -- not complain -- -- complaining and you've got his finest players from other states coming to New York Florida mostly coming to New York.
And finding people so they can bring these lawsuits against a small businesses -- just wrong.
Fred you wanna try to defend this and it didn't hit -- -- I'll try aside from the trial lawyers who's benefiting from this.
What wait wait wait wait wait but what I haven't heard is a single person say that these places -- not in compliance with the NBA okay.
The laws on the books.
You know what people -- they don't do things until you absolutely have to put -- -- was -- it but the minute it was enacted help of the Americans with disabilities.
You can't say it's not working.
But the problem is these plaintiffs lawyers from other states are coming to you or don't even give the business 12 of a chance stunning effect you know what -- -- -- just happens to high.
Maybe she remedy that -- -- do that they'd bring these lawsuits they themselves get.
Thousands of dollars worth -- plaintiffs get maybe may be a few hundred if they're lucky.
Is that -- where we're actually read that early plane if you want -- planet was approached by a by a plaintiff's attorney says hey I've got this -- -- -- some people to sign onto it.
You'll get a few hundred bucks at that and then how much is that the -- attorney -- Hey guys they attorney gets their attorneys' fees under the act because the act was passed and provides for the payment of attorney's fees.
Otherwise -- cases when he brought but I'm gonna tell you right now.
There -- a lot of cases on federal law that require you to do certain things provide notice before you bring shoot like with the EEOC.
If you want congress to change the law to provide for having to give these people noticed then -- -- -- this is the laws -- written mail and what these guys are doing you may find distasteful but it's helpful and not illegally.
Can use I'm sorry to interrupt -- but as you said I mean this is a laudable.
Whoever you'll get our way that that people out there who have special needs and disabilities -- -- the same kind of access.
To the same kinds of things that everybody else does but is there a problem as Fred points out perhaps with the way the law has been written.
Do lawmakers need to go back and visit yeah I've got some of these loopholes.
Yes absolutely because because look at you don't you asked a question about how much the lawyers make it come to the plate just make.
-- the -- just make on average 500 dollars per suit and by the -- these plaintiffs.
Are used again and again and again many -- -- sometimes 1920 times going against different companies flower shops restaurants whatever.
For that 500 get about 5000 dollars or something very wrong with that and it just didn't -- -- connect.
-- -- -- We're not look at -- is that these storage and then become 88 component which is what below we have much chance given I've got thirty -- can't -- but they don't do -- -- wicked America aren't pretty contribution -- the -- -- we -- the -- but until they do with these guys are -- May you may not like it was not illegal.
The Internet and a purpose it's not illegal but it's an abuse and -- misuse and you know that that's the problem and that's a good lawyers battling to let.
I don't -- but I want somebody else was good guys and I'm sure well.
I'm sure you have some friends Fred I don't do who bluntly I have to -- and poor in America come on you guys it's it's net are -- you know what element like you're talking about Fred TC Williams real.
Like I got both.