Labor Law Guy

Businesses Fear His Very Sight

Posted in Random Musings by laborlawguy on January 14, 2009

Tom Mundy earns a princely income in California by going around to various business establishments with an eye to finding violations of the ADA (Americans With Disabilities Act), usually related to accessibility issues. In one instance, the condiments counter at a fast food joint was one inch too high to be properly accessible. So what did Mundy, who himself is disabled and in a wheelchair, do?

Like any good, red-blooded American, he sued, of course. In cahoots–oops, I meant in concert–with his lawyer, Mundy is chalking up enough settlements each year to fill his pockets at the six-figure pace. He calls what he does advocacy; others say it’s nothing but extortion.

HERE’S HIS FULL STORY

Meanwhile, I strongly advise any of you owning businesses to keep abreast of ADA requirements (recently affirmed and expanded by the ADA Amendments Act) by procuring a copy of Personnel Concepts’ ADA Compliance Kit.

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3 Responses

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  1. Joe Turner said, on January 21, 2009 at 7:59 am

    Personnel Concepts provides a lot of great tools for business owners that will help in most situations like this. By using Personnel Concepts I have avoided several fines and law suits. Of course no matter how much you do or how prepared you are there is always a guy like the one mentioned that will find a way to get you. The best thing to to is be as prepared as you can be.

    California is horrible when it comes to this kind of stuff. We actually sent an email out prospecting new customers and I got a letter form this guy claiming I was in violation of CAN-SPAM laws. His gripe was my subject line was to vague as to what was the content of the email. Then he tells me every violation is a $1000 fine by law but he will settle for $500. Of course I knew I was not in violation and so did my lawyer though it wasn’t worth the hassle or the money to fight it in court. So of course I paid. I do my homework and investing in some tools or great resources can really help but no matter what you do at some point your going to pay something. I guess that’s the cost of doing business.

  2. laborlawguy said, on January 21, 2009 at 10:57 am

    I just read of another shakedown conspiracy by a disabled woman named Noni Gotti and her attorney, who have filed 40 ADA lawsuits in Santa Ana, Calif., alone. Most settle out of court for about $5,000 per, but the owner who is the subject of the article in the Orange County Register is fighting back, and so far has gotten his lawsuit dismissed. Gotti and her attorney, however, are filing an amended lawsuit.

  3. prepaid legal service said, on April 1, 2009 at 5:51 pm

    Very nice information. I was wondering about this, and your post explained what I needed to know. Thanks for this.


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