Summary
HR 881 would require that an individual provide a notice before filing a complaint alleging a violation of Title III or state law that conditions a violation of any of its provisions to provide the defendant with a written notice that identifies the alleged violation, and the date and location of the alleged violation. The notice triggers a 90-day remedial period during which the plaintiff is barred from filing a complaint. The bill would also permit a court to extend the 90-day remedial period one time by a period not to exceed 30 days if the defendant applies for an extension.
Status
Referred to the Subcommittee on the Constitution
Our Position: Oppose
Concerns about serial litigants (or “drive-by” lawsuits) has prompted HR 881, which is meant to stop excessive litigation brought by a handful of individuals working in a few states. Courts already have the power to deal with frivolous litigants and their attorneys. HR 881 rewards small businesses for failing to comply with a federal civil rights law. It would create disincentives for voluntary compliance because businesses will continue their “wait and see” approach to ensuring access to people with disabilities. HR 881 would mean that people with disabilities, unlike any other protected group, would be required to give 90 days notice before they could exercise their civil rights. The bill also makes no exception for urgent needs or events with early dates.