Why Isn't an ADA Pre-Suit Notice Required Before an ADA Case is Filed?

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The Americans with Disabilities Act (ADA) remains a cornerstone of civil rights legislation, ensuring equal access for individuals with disabilities. While the intent of the ADA is universally supported, the enforcement mechanism relies heavily on private lawsuits. This structure has created a challenging and often frustrating legal landscape for commercial property owners, website owners, and retail businesses.

For decades, business owners have faced an increasing volume of ADA compliance lawsuits. These legal actions often demand immediate financial settlements and rapid structural modifications, frequently without any prior warning to the property owner. The resulting financial strain on small and medium-sized enterprises prompted legislative efforts to modify how ADA claims are handled in the federal court system.

The ADA Education and Reform Act of 2017 (H.R. 620) emerged as a significant legislative proposal designed to address these concerns. By fundamentally altering the litigation process for specific ADA violations, the bill aimed to provide business owners with a fair opportunity to rectify compliance issues before facing costly legal battles. This article examines the core components of the proposed legislation and analyzes how its provisions would have uniquely benefited commercial operators.

What Was the ADA Education and Reform Act of 2017?

Introduced in the United States House of Representatives, H.R. 620 sought to amend the Americans with Disabilities Act of 1990. The primary objective was to promote compliance through education and voluntary correction rather than immediate litigation. The bill targeted Title III of the ADA, which governs public accommodations and commercial facilities.

Core Provisions of the Bill

The legislation proposed several structural changes to federal civil rights law:

• Educational initiatives: The bill required the Department of Justice to develop specialized programs to educate state and local governments, as well as property owners, on effective strategies for promoting access to public accommodations.

• Mediation alternatives: It encouraged the use of alternative dispute resolution mechanisms to solve access issues without resorting to federal lawsuits.

• Procedural requirements: The most significant change required plaintiffs to provide a specific written notice to business owners before filing a civil lawsuit regarding alleged ADA barriers.

How the Act Would Have Benefited Business Owners by Requiring ADA Pre-Suit Notice

Commercial landlords and retail operators often operate on tight financial margins. A sudden federal lawsuit can destabilize a business. The ADA Education and Reform Act of 2017 offered several mechanisms that would have directly protected these enterprises from predatory litigation practices.

The "Notice and Cure" Period - ADA PreSuit Notice Requirement

Under existing law, a plaintiff can file a lawsuit the moment they encounter an ADA barrier. There is no ADA pre-suit notice requirement. H.R. 620 proposed a mandatory "notice and cure" period. A plaintiff would have been required to provide a written notice detailing the specific ADA violation. The business owner would then have 60 days to provide a written plan outlining how they would fix the issue, followed by an additional 120 days to remove the barrier or make substantial progress. This mechanism would have allowed business owners to invest their capital into actual property improvements rather than legal defense fees.

Reduction of Frivolous Lawsuits

A major concern for the commercial sector is the proliferation of serial litigation, where plaintiffs file hundreds of identical claims against businesses without any genuine intent to patronize the establishment. By mandating a cure period, the 2017 Act would have severely disrupted the business model of law firms that rely on rapid cash settlements. If a business owner fixed the specified issue within the allotted timeframe, the lawsuit could not proceed.

Financial Relief for Small Businesses

ADA lawsuits generally require businesses to come into compliance with the Americans with Disabilities Act and to pay their own lawyers, pay the lawyers for the other side, and possibly pay some measure of damage to the plaintiff. By providing a defined window for voluntary compliance, H.R. 620 would have shielded small businesses from devastating plaintiff attorney fee awards.

Why the Bill Did Not Become Law

The ADA Education and Reform Act of 2017 successfully passed the House of Representatives in February 2018. It faced intense opposition from disability rights advocates who argued that the bill would undermine the fundamental civil rights protections established by the ADA. Opponents maintained that business owners had already possessed nearly three decades to achieve compliance and that shifting the burden of enforcement away from immediate legal action would result in prolonged inaccessibility. Ultimately, the legislation stalled in the Senate and never became law.

Protecting Your Business Against ADA Lawsuits Today

Because H.R. 620 failed to pass, business owners remain strictly liable for ADA violations from the moment a plaintiff encounters a barrier. There is no federal grace period or required warning notice before a lawsuit is filed.

To protect your commercial enterprise, proactive compliance remains the most effective strategy. Property, business, and website owners must commission comprehensive accessibility audits and prioritize the removal of physical barriers.

If you are served with a federal complaint, immediate legal intervention is critical. Experienced ADA defense attorneys at our law firm will use all available strategies to defend you against ADA claims. These include challenging the plaintiff's standing to bring a case by proving they have not suffered any verifiable injury or harm.

Call or email is today to discuss your case.