NGA Applauds House Action to Protect Independent Grocers from Frivolous Lawsuits

February 15, 2018

Arlington, VA (Thursday, February 15) – Today, the National Grocers Association (NGA) applauded the U.S. House of Representatives for advancing the ADA Reform and Education Act of 2017 (H.R. 620). The legislation would protect businesses from frivolous lawsuits while ensuring that Americans with Disabilities Act (ADA) claims are handled as expeditiously as possible. Greg Ferrara, NGA EVP of Advocacy, Public Relations, and Member Services issued the following statement after passage of this bill:

“Independent supermarket operators are committed to complying with all ADA guidelines and making their stores open and accessible for all of their customers. This legislation provides the needed flexibility to allow supermarkets an opportunity to take corrective measures to resolve any potential ADA violations without the threat of a frivolous lawsuit from lawyers.”

The legislation includes the following provisions:

• Requires complaints to be provided to businesses in writing. Complaints must include the specific violation, as well as identify an injured party. This will curtail the use of abusive demand letters written solely for the purpose of extracting a settlement.

• Upon receiving a complaint, businesses will have 60 days to provide notice as to how they will remedy the issue.

• Businesses will have a further 60 days to make “substantial progress” towards correcting an alleged violation before a lawsuit can be filed.