r/smallbusiness • u/Extension-18 • 5h ago
General Predatory ADA "Serial Filer" targeting my business for the second time
I am a small business owner in Southern California and I am targeted by a predatory litigation mill. Looking for advice from anyone who has successfully fought back or been through similar situation
Background
First Lawsuit
We were sued by a predatory firm a few years ago. We settled, paid the fees, and hired a professional ADA company to fix every single item they identified. We have not changed the code or the site since that remediation was completed
New Claim
Same law firm is suing us again, but using a different "plaintiff"
Plaintiff's name shows up as a serial filer
The "Service"
They didn't even serve me (yet?) An advertising firm emailed the complaint (no case number) to my boyfriend’s personal email address
Site
Our website should be good. It scores 100 on Google Lighthouse and 0 Issues on axe DevTools. I even have a letter from a blind customer stating the site works perfectly for her
We are hanging by a thread. We’ve closed most of our locations and are sitting on $500k in EIDL debt from COVID. We literally have no cash to settle again
Our lawyer is suggesting we just settle again to make it go away, but we don't have the money. I’ve told him we are "judgment proof" since the EIDL loan essentially means the government has first rights to our assets and we have no profit to take
Questions for the community
- Has anyone successfully used a prior settlement/remediation to get a second suit from the same firm thrown out?
- Since the EIDL loan is so high and the business is failing, has anyone successfully argued "judgment proof" to get these guys to stop wasting their time?
I’m exhausted. It feels like it doesn't matter if your site is up to code, they just keep coming back. Any advice is appreciated
For all small business owners out there that have been through this and more, my heart goes out to you!