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. William Sloss says:

    I had what is known as a “slam dunk” claim with Amtrak. I applied and was accepted into the claims pool. I’ve been as anxious as anyone else in these claims so I searched my emails and lo and behold, 4 MONTHS after I submitted my claim the admin emails me wanting to know the nature of my disability, etc ALL OF WHICH I supplied on my application. Long story made short the admin tried to loophole me at the last minute. I got my slice of the pie the settlement admin notwithstanding.

    1. Jasper says:

      Exact same story here. They told telling me my claim was approved at the tier 3 (which I already knew and provided detailed information of my disability and every ride I have had including the station where I lived next to for years all the ada concerns and issues in extensive writing) and that the issue was me not filling out a W9 which I never got nor knew about- I wrote my social security number on my claim form. I did nothing wrong. I went as far as to bring up to usps and put in a claim about this W9 including their address they sent from and claimed it as missing… they said it was never mailed and is nowhere in the postal system… Still- nothing. I immediately went and filled out an IRS site W9 to send them- the same day they told me my W9 was sent (it never was). Still- nothing. No more responses either, they said they got my W9 when I sent it after downloading from IRS the same day in early January. They said at the time it would be send one the next month at the same time as this month on the second round- Early February (still claiming it was sent to me) how can you do everything right and even go above and beyond with evidence and still get loopholed and blamed like you and I? They no longer respond to email and have no answers. I will call Monday but it’s just all so bazaar that so many were told they didn’t do something. I have copies of every page of my claim sent in detailed and timely fashion. It makes no sense.

      1. Joelle Langton says:

        Did you call back and receive any updates information on Monday? I too and in the exact same situation.

        1. Dee says:

          Same situation here filed an appeal they initially told me to context the admin after 2/28. Today I called and they said call back in a week or so!

          1. Lied too says:

            I appealed, also, my tier 2, determination. I’ve been calling weekly. Sent in more information on my claim. I’ve had two of my calls escalated to supervisors and they always tell me my claim is being reviewed. Well I called yesterday, call was escalated, again… They now tell me all claims are final, and they haven’t reviewed any claims since checks went out, in January. They aren’t reviewing appeals or deficiencies. I sent a message to David Knight, DOJ attorney and he responded and he’s looking into this. Not very hopeful though. This has nothing to do with people that had to send in W-9’s. Just folk’s that appealed or were overlooked and had a deficiency. This administration has stung so many people along and have out right lied, to claimants. Just wanted to pass this along. Sorry if you’ve been lied to, too. SMH!!!

          2. Kim says:

            I called on Friday and was told they had a special team that are reviewing appeals and they are not finished and to call back next week and they may have more info

    2. Joseph F McDaniel says:

      Waiting for second batch was told to my wife. That was February 3rd. Told end of February. A email response March 2, 2002;
      “We have not yet gotten an update from council on this matter. Please contact us in a few days and see if we have any new information”.
      Has anyone been told this in response to a needed tax form. My wife’s was sent and received and told the tier she was getting.

      1. April says:

        No, they just keep
        Saying check back next week? Can’t understand why it takes that long to verify a SS#. I sent an email no reply yet as of 3/4/22. Some people got checks and some had to turn in their w9 without a check so I am confused now?

  2. Carol Thomas says:

    Anyone got an update on when the second round of checks will go out. For those of us that only had a w9 form? And not a check with it..

    Thanks

  3. Lee says:

    Anyone receive notice of decision after they appealed deficiency?

    1. JB says:

      Lee… What do you mean?? They appealed the deficiencies and when? I sent my W-9 form via email, when they stated all was fine for the entire 2021, check on status in 12th January 2022, then was advised they need a W-9 and one was sent, which never was. Glad, I just sent via email on the 12th January 2022.! I receive a email the next day and stated there would be a update by the end of February 2022. I’ve been calling every Friday since then, just don’t trust the many false information that’s given when called. Friday, I’m calling the DOJ attorneys and let them know what’s been going on with such ”delay tactics!”

      1. BornUSA says:

        Never received deficiency just a w9 in the mail. Whoever is handling the settlement is doing a very bad job and it is hard to discern because this lawsuit was through DOJ. We are approaching the midway point of February and why are they holding your funds if your claim was approved?

      2. TL says:

        I called today because I needed to send a W9. I sent it on Jan 3rd & got an email the next day that it would be a few weeks. Today they said maybe Feb 28th. They would have an update. This is ridiculous. I sent an email to one of the Attorneys at the DOJ. I can’t understand why this is so difficult. This was handled poorly. I’ll update if I hear from the Attorney

        1. Update says:

          Any updates

          1. TL says:

            No..haven’t heard a thing.

          2. JB says:

            Here’s a email update I’ve received on the 10 Feb. ’22.
            Once I receive further updates, I’ll post. ;)

            amtrakdisabilitysettlement
            Feb 10, 2022, 10:27 AM (6 days ago)
            to me

            Thank you for your e-mail.

            We still do not have any new information on when checks will be going out. Feel free to contact us in a few week to see if we have gotten an update on when checks will be mailed.

            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

            CM

  4. Christina Klein says:

    I haven’t received my check yet either still waiting

    1. Meena says:

      I called and they said the next batch of checks will go out in February after verified W9’s. She said they don’t disburse checks daily but I guess at their own discretion. WTH?

    2. Meena says:

      I was.

      1. Appeal Approved says:

        on Appeal?

  5. Bill says:

    Recieved check in the State of Montana $2499.99 for no way to board or disembark at the in-accessible Cut Bank rail station. I wonder if I will ever be able to use the station in the future or is just giving me going to be good enough?? I would either have to use the station to the west of me 30 miles or the station east of me 25 miles.

    1. ... says:

      All of the problem stations will be assessed and upgraded to adhere to ADA regulations. It may take some time but each and every station will benefit those that need accomodations in the future.

      1. Bill says:

        Thank you

  6. Nikki says:

    Well I called them and didn’t get any information but the check was mailed on the 10th. No amount or anything. My informed delivery says my check will be in my mail today. So fingers crossed ?. I’ll update.

  7. Meena says:

    Proud of being a scammer liar. You should be ashamed but how could you…you have no morals. Hellfire. GOD will surely punish you….after the govt does.

  8. Smh says:

    Socials are required for tax purposes. Being that you didn’t block out the zip code on a couple of the check envelopes you posted in a fb group, the amount you received to that zip code can most definitely be traced as a $16g+ check is unlikely to have been distributed to numerous ppl in that area. Keep playing. You’ll be red flagged with every settlement administration there is. Penalty of perjury, bud. Don’t brag about your scams.

    1. Christiana says:

      Please smh do not say all what you did. This guy is bigger than Al Capo. He has been doing this for 10 years and good at it. he uses his 2 chinese women in sunglasses in pic. They all run scams. Stole over 5 million dollars from all settlement admin and no one has been able to stop him. 25000 from wen hair color settlement, 18000 from wall panels minessota settlement, 14000 meat processing plant in Iowa, Calif vitamins thousands, Illinois BIPa 12000 and he neve lived i Illinois. He seems to be from Califonia like most chinese do. You can not stop a running train. All you can do to eliminate . Do you have ability to do that. Even God is tired .

  9. ? says:

    Check is not in my informed delivery for tomorrow either. Was told sent out on the 10th. Anyone else not receive yet?

    1. Mike says:

      Check arrived in Alabama today

    2. Nada says:

      Nothing in Memphis yet. Hopefully tomorrow!

      1. Zip says:

        Not in my informed delivery for tomorrow either. I called and confirmed it was sent out on the 10th. Snail mail at its finest. Maybe by the end of the week. We did just get a snow storm so maybe that halted some things, but man them bills sure enough showed up on time.

  10. Two pickles fell out of a jar onto the floor. What did one say to the other? Dill with it. says:

    Check is on the way in VA, should have gotten it yesterday but the mail wasn’t delivered.

    1. Joe bitner says:

      Theyvsentvdehial letters to some and they replied and got money. When I called a lawyer answered. Said I was sent denial letter but this is a lie this is what their doing. Their bigger thieves than any of us

      1. Maricica says:

        According to the admin they just denied frivolous claims without notification. Deficient claims were mailed letters asking for more info.

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