From the Dean Sperling Case Files — Using the ADA as an ATM

Fact: The American Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. And it’s a very good thing that has helped millions of individuals over the years.

Fact: There are lots of law firms and plaintiffs here in California who are happy to exploit this law for individual monetary gains, which have nothing to do with discrimination.

This is a story about one such case involving a customer and a bank. One afternoon in December, the plaintiff in this case went into the bank and asked for assistance at the lower counter (which is there to help people with disabilities). The plaintiff claimed the teller refused to serve him at this counter, so the disabled man left the bank upset. So upset, in fact, that he didn’t call the bank to complain or demand an apology. He instead contacted a lawyer and filed a lawsuit.

Dean Sperling was called in to handle the case for the bank and immediately discovered even though the plaintiff stated he was in the bank on a specific date in January, video archives from that day did not show him in the building. Turns out, upon further investigation, that the plaintiff visited the bank on another date (the month prior) and it wasn’t even the same branch as listed in the complaint. You know, “details” are pretty important to the courts.

Quickly realizing this case was basically a shakedown, the bank preferred a court trial to any settlement even though there is always a chance of a negative outcome. Dean said “You should call this what it is – a lie.” And so the matter has gone before a judge on a motion to be heard before trial, but there will be no oral arguments given in order to expedite the process.  If the motion is denied, then a trial it is.

And the fact is that these unscrupulous law firms and plaintiffs are out there looking to use the ADA as an ATM—and that’s just not right. So when disputes like this affect YOU And YOUR business, call in the good guy litigator, Dean Sperling, who will work to resolve YOUR matter with YOUR best interests in mind!