Top Class Actions  |  February 2, 2021

Category: Closed Class Actions

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Amtrak - ADA violations

 

Amtrak has agreed to pay $2.25 million to settle a lawsuit that alleged some of the transportation company’s stations aren’t compliant with the Americans with Disabilities Act (ADA).

The settlement benefits mobility-impaired individuals who were harmed due to accessibility issues at certain Amtrak stations between July 27, 2013, and Dec. 2, 2020. Claimants must also have lived at, visited, or wanted to visit a location closer to that station than an accessible, alternative Amtrak station during the same period. 

Amtrak operates at about 500 stations in 46 states and the District of Columbia. A list of the stations covered by this ADA violations settlement is available on the settlement website.

The lawsuit, filed by the United States government, alleged Amtrak failed to make existing stations accessible to individuals with disabilities, including those in wheelchairs, as dictated by U.S. Department of Transportation standards, resulting in ADA violations.

The U.S. claimed these ADA violations harmed Amtrak passengers who have disabilities.

Amtrak has denied the allegations and claims it is committed to making accommodations for those with disabilities.

Both parties agreed it was in everyone’s best interest — including the public’s — that the matter be resolved through a settlement.

In addition to monetary relief, Amtrak also has agreed to take several steps to ensure stations are all up to ADA standards.

When the company builds a new station or alters an existing station, it will ensure the station is accessible to and usable by people who have disabilities.

Amtrak also has agreed to continue expanding the existing ADA Stations Program, including a rolling five-year strategic plan and a Sunset Analysis for the program.

The company will also complete ADA assessments for the stations affected by the settlement at which Amtrak is responsible, either fully or in part, by Dec. 31, 2022.

A number of other agreements related to avoiding ADA violations at Amtrak stations are also included in the settlement.

Compensation for Class Members will be in two tiers — one for claimants who lived closer to an “Issue Station” than a different Amtrak station, and one for those who traveled or were deterred from traveling to an “Issue Station” — and will be determined using a point system. 

Compensation for claimants who are part of Tier 1 will be three times the amount for Tier 2 claimants (i.e., three points versus one point). No claimant will be entitled to more than three points.

The claims administrator will tally the points and determine the preliminary dollar amount per point by dividing the $2.25 million settlement fund amount by the number of total points.

If that preliminary point value is not more than $833.33, the preliminary point value will become the final point value. If it does exceed $833.33, the final point value will be reduced to $833.33.

Tier 1 claimants will receive the final point value multiplied by three, while Tier 2 claimants will receive an amount equal to the final point value.

Any remaining balance will be returned to Amtrak to be used for improvements under the ADA Stations Program.

The deadline to file a claim in the Amtrak ADA violations settlement is May 29, 2021.

Who’s Eligible

Mobility-impaired individuals who were harmed due to accessibility issues at certain Amtrak stations between July 27, 2013, and Dec. 2, 2020. Claimants must also have lived at, visited, or wanted to visit a location closer to that station than an accessible, alternative Amtrak station during the same period. 

Potential Award

Varies.

Compensation for Class Members will be in two tiers — one for claimants who lived closer to an “Issue Station” than a different Amtrak station, and one for those who traveled or were deterred from traveling to an “Issue Station” — and will be determined using a point system.

  • Compensation for claimants who are part of Tier 1 will be three times the amount for Tier 2 claimants (i.e., three points versus one point). No claimant will be entitled to more than three points.
  • The claims administrator will tally the points and determine the preliminary dollar amount per point by dividing the $2.25 million settlement fund amount by the number of total points.
  • If that preliminary point value is not more than $833.33, the preliminary point value will become the final point value. If it does exceed $833.33, the final point value will be reduced to $833.33.
  • Tier 1 claimants will receive the final point value multiplied by three, while Tier 2 claimants will receive an amount equal to the final point value.
Proof of Purchase

Proof of purchase is not necessary in this settlement, but claimants are asked to file a claim form that includes residency and disability information. Documentation of the difficulties the claimant encountered when attempting to travel at one of the relevant Amtrak stations is encouraged if available, but not required.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

05/29/2021

Case Name

United States of America v. The National Railroad Passenger Corp. (Amtrak), Case No. 1:20-cv-03505 in the U.S. District Court for the District of Columbia

Final Hearing

N/A

Settlement Website
Claims Administrator

Amtrak Disability Settlement
C/O Rust Consulting Inc. – 7156
P.O. Box 54
Minneapolis, MN 55440-0054
1-888-334-6165
Fax: 1-866-665-8480
Info@amtrakdisabilitysettlement.com

Class Counsel

Michael R. Sherwin
Acting U.S. Attorney, District of Columbia

Daniel F. Van Horn
Chief, Civil Division

John C. Truong
Assistant U.S. Attorney

Eric S. Drieband
Assistant Attorney General, Civil Rights Division

Cynthia M. McKnight
Deputy Assistant Attorney General, Civil Rights Division

Rebecca B. Bond
Chief

Kathleen P. Wolfe
Special Litigation Counsel

Kevin J. Kijewski
Deputy Chief, Disability Rights Section, Civil Rights Division

David W. Knight
Felicia L. Sadler
Trial attorneys, Disability Rights Section, Civil Rights Division
U.S. DEPARTMENT OF JUSTICE

Defense Counsel

N/A

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354 thoughts onAmtrak Agrees to $2.25M Settlement Over Alleged ADA Violations

  1. James says:

    There’s a cap on this settlement and it’s way below the amount you’re saying. Same thing with every other settlement you’re listing.

    However, if this is true, report them to your local District Attorney.

  2. Joe says:

    You should report it to the police or FBI. You can get a portion of the recovered fund from the fraud(chen’s case). Call your local law enforcement and ask where to report.

  3. Jane knows says:

    Sounds like your jealous ?

  4. Finally says:

    I want to thank those who let us know we can call to get our info.
    I was one who had to provide more info on my claim last year and I was told my claim was approved and that my payment amount is $833.33 and will go out Tuesday. Not sure why everyone is not receiving the info when they call in. I did also email them yesterday and have not received a response from that email yet, so I called in and got my questions answered.

    1. Jane Dough says:

      Yep. I was told the same thing $833. I asked if it was per claim and I was told that this is the amount total being sent to me. January 10th it is!

  5. Jim Bob says:

    Thanks Larry. I just called and confirmed I am receiving a Tier 2 check to be sent out on January 10th.

    1. The best things in life come with patience says:

      I called, he wouldn’t give me the amount or tier, but I am definitely getting a check!

  6. larry hamm says:

    You can call 888-334-6165 and see if you was approved for the claim now.I just called and was told i was approved and checks go out monday Jan 10th..I got more then i even thought you could get but i live just 20 mls away from 2 amtrak stations on the list i had issues with also…

    1. R R says:

      Thanks Larry! I just called and got mine. They told me the 10 th also. He said if I haven’t received it in 14 days, to contact them.
      ?

      1. Nick says:

        Did they say how much the checks should be?

        1. LARRY HAMM says:

          Well they told me how much i be getting…And that it go out on 10th next monday

        2. R R says:

          They just told me $833.
          My spouse is getting the same amount.

      2. Rharris says:

        Did they indicate how much the pay would be for tier 1 vs tier 2

        Tier 1 is x3 so what’s the base amount ?

    2. Rharris says:

      So what was the base amount that’s being awarded

      1. LARRY HAMM says:

        Base amount was like $833 so if u had tier 1 i take it u get 3 times that amount then

        1. Confused says:

          Ok I am confused. I sent an email and received a response that dollar amounts were not available at this time. How is everyone receiving dollar amounts? Is it just by phone calls?

          1. .. says:

            I guess it depends on the person you get on the phone. I was told no amounts available as well.

  7. Wid says:

    I didn’t get a denial letter or any kind of letter stating I was eligible for a check.

  8. Tt says:

    I don’t understand why they’d say possibly the 10 th… but then to contact them mid-January. Why would we need to contact them if they’re going to begin January 10 th?
    (Possibly). That makes me feel the 10th isn’t a real projection, otherwise we wouldn’t need an update after that date. See?

    Thank you for your patience. We expect distribution of payments to begin sometime in January, possibly as early as January 10th. Letters with information will also go out to those claimants who may have been found not eligible for payment. Please feel free to contact us again around mid-January for further updates.

    1. Crystal says:

      I have been in contact with the DOJ attorney on this case. In his response to me today, he stated checks will go out no later than next week.

      1. Meena says:

        No later than next week, so they are probably starting to process checks for mail this week….? Informative…thank you

        1. Meena says:

          I actually rec’d a letter today 1/4/2022 from Rust…
          Important Tax Return Document enclosed…?
          Mail has not been delivered yet, so we will see.

          1. R R says:

            If you don’t mind… what was it you received today?

        2. Mandy Cuckold says:

          I called earlier and they told me my check was going out on the 10th. My amount was $800.00. I called #1-888-334-6165. Good Luck.

          1. ? says:

            I just called and was told distribution amounts are not available but check is scheduled to be sent out on the 10th.

      2. R R says:

        Thank you Crystal for the update! That is very reassuring.

    2. L says:

      The letters people received are denials with the opportunity to send more info by the end of month. The people who got W9’s had a name discrepancy with the IRS & claim form. Checks will go out to them regardless. Rust Cons wants the W9 in case they are questioned by the IRS. That’s the info I got from Rust

    3. Ken says:

      I see a tax return document incoming can they tax me for 2021 even though I have seen no money yet in 2022? Seems kinda shady? Also I think I would have submitted the proper paper for taxes already and hope it isn’t another form to fill out to hold on to the money longer?

  9. Confused says:

    I provided my social security# (W9 info) when I submitted my claim. I haven’t received a denial letter. I called a week ago and was told that my claim was good and all they could see was a one. He didn’t know if it meant tier 1 or 1 point??? No notes. My question is will we all have to wait for a W9 and all of them to be sent back, before we see payment? Or will claimants that filed a claim online and provided that info, will we just receive payment? This entire process is confusing and makes no sense, whatsoever. So confused and every person that posts has been given completely different information!

    1. ? says:

      The compensation fund is $2,250,000. The settlement administrator fees are up to $127,500 flat rate and paid outside of the compensation fund. This was the decision of Amtrak/DOJ, nobody has been sued, therefore there is no lawyer obligation to come out of the compensation fund. Any additional monetary requirements are paid outside of the compensation fund. Please read the settlement documents before you provide false information.
      The w9 is being sent to people who failed to include their social on their claim form. A determination on the amounts and tiers have already been made. They gave 14 days from the date of the w9 to return it. I don’t believe anyone has to wait for them all to get back in as they already know what those people along with everyone else have been approved for. It’s a matter of when they actually get those checks out to claimants.
      As for the person that stated they have not received correspondence for their claim, anyone that has received information has called or emailed the settlement administration themselves to obtain it. Emails of deficiencies were sent months ago, if you did not get one, your claim info was fine. Denials were sent by mail, if you did not get one, you’re approved. W9’s were sent by mail, if you don’t receive one, you included your social on your claim form. It’s just a situation where patience is required. It’s coming soon.

      1. L says:

        I am receiving the W9 tomorrow and I included my SSN on the claim form. I wouldn’t have submitted it without it being complete. I’m pretty careful about that.

      2. Maddie says:

        I received a Tax form 1/3/2022.
        I called and asked for more information on my “ tier” she stated I was tier 1 and
        told to just send the tax form in.
        Has anyone received this form as well?
        Also does this mean I am definitely receiving a settlement check?

        1. ... says:

          If you were told what tier you are in and sent a W9, I’d say so.

    2. Guy says:

      What??? I have NO idea what all that rambling nonsense is you posted. Please Amys… punctuation. Just a little, here and there would help.

    3. Maricica S. says:

      They would most likely mail out an IRS Form 1099 misc income.

  10. Ed "Shorty" Daniels says:

    Everybody is getting all these updates, letters, and emails and I haven’t heard Jack. I live in one of the towns listed, I’m confined to a wheelchair, plus I hafta get on and off the train at the next town.
    In light of everybody else getting all the correspondence I wonder what happened to mine?? Maybe I neglected to fill out and send?? Dayum

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