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. Blue in Memphis says:

    Nothing in Memphis.
    So I’m guessing I’ll get it Tuesday.

    1. LARRY HAMM says:

      Checks came in soutern Ohio today..Thank you lord for my 2500….

  2. Sam says:

    Anybody in Southern California get a check yet?

    1. Susan says:

      I Received a Email stating,
      they received my Tax form, and payments cannot be made until after they verify the W-9 forms.
      What does that mean, exactly?
      Thanks

      1. Susan says:

        Also it states they do not know when the second batch will be sent out. To check back in a few weeks for updated info.

        1. Lou says:

          So the checks are being sent out in batches?

    2. Shil says:

      SoCAL here. Received check for $2500.

  3. larrry hamm says:

    Check will be here sat by informed mail..Im getting $2499 so ended up being a decent payout it seems…But being disabled i had made many com planits about the 2 amtrak stations 25 mls from me..Guess that had alot to do with getting the 3x..Good luck to all others..Plus im in ohio also

  4. JB says:

    <<>> – I sent a signed W-9 form on 12 Jan. 2022 sent in via email. I received this email from them at 2 pm today.

    Thank you for your email.

    Your W-9 has been received and will be forwarded for processing.

    Please keep in mind that payments cannot be made until after we have verified your W-9 form. At this time we do not have any information on when the next batch of check will be mailed.

    Please feel free to contact us in a few weeks to see if there has been any updated information.

    Thank you,

    Thank you,

    Amtrak Disability Settlement Administrator

    info@AmtrakDisabilitySettlement.com

    888-334-6165

    Amtrak Disability Settlement

    c/o Rust Consulting, Inc. – 7156

    PO Box 54

    Minneapolis MN 55440-0054

  5. Minà says:

    So you’re DISABLED… Right??? Lol
    I also want to know if anyone have trouble cashing/depositing the check? It has that do not convert to ACH stuff on it… Some think the check is BOGUS. Please let them be wrong!

    1. Celia says:

      I deposited mine 2 days ago on mobile deposit and funds were available by next morning.
      No issues with my bank account or the check

    2. LR says:

      It just means the check has to be cashed or deposited and cannot be converted to an ACH. In other words, you can’t apply your physical check to a credit card payment. You need to cash or deposit it and then do so. ?
      Just something unnecessary that you don’t need to be concerned about.

  6. ... says:

    Would be a check with a 1099 enclosed. Envelope will say important tax documents enclosed.

  7. Jane Happy says:

    Check with tax doc coming today. Informed delivery notification. California

  8. Bob says:

    Received check today in California.

    1. Sue says:

      What part of California receiving checks??

    2. Ponyta says:

      What part of California? I’m still waiting for my check

  9. JB says:

    This is great news to here Craig, thanks for the update ;)! I was told on 12 Jan. 2022, after calling in checking on status monthly since 2 Feb. 2021. That there was ”now” a issue with the missing of my s.s.# on the claim. I told them, I’d called on 7 January 2022- Friday and was told I was approved and checks will be mailed out on 10 January 2022. Then I was told the information of the issue with my s.s.# didn’t post, till later that day on the 7 January 2022 -Friday and a W-9 form was mailed out to me that day.

    With this being said, I sent them via a signed W-9 form yesterday afternoon
    12 January 2022 -Wednesday and some questions, I wanted answered with the continue delay , so not have to deal with waiting another 4-6 weeks, to receive my approved check.

    I called this morning 13 January 2022-11:00 am-Thursday, I had them check for my email and they received it, I’m now waiting for a confirmation email, and it will still take 3-4 weeks before receiving a check, seeing they are still collecting other W-9 forms via (USPS mail and email) and because they only send (checks out in batches). I hope everyone that was approved are receiving their checks and ones with the W-9 issues, download the form, fill out, attache with a email listing your name, address, claim number and any questions you have.

    Thankful that it’s almost finally completed and keep you Faith strong! I’ll send any updates, when I receive any. Have a Blessed Thursday and smile!! God Bless!

    1. Mike says:

      Nothing as of Jan 14. Oregon

      1. larry hamm says:

        nothing in Ohio as of jan 14th either….

        1. T says:

          Nothing in Arkansas as of Jan 14th.

      2. KAREN says:

        I’m in Washington State and mine will be delivered tomorrow I’ve been waiting all week too.

  10. Craig Samson says:

    Received my payment today,in the amount of $833.33, tax form was also included with the check.
    I live in Edina, Minnesota and the return address was from Minneapolis, Minnesota.
    Nice surprise to find this in my mailbox this evening!

    1. JB says:

      Thank you for the update! ;)

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.