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. EJ says:

    we sent them a letter and a email that we had a new address and no reply. still no check 04/03/2022

  2. Amy says:

    I don’t see any more people receiving check yet what happened ?

  3. Mark says:

    Anyone get their check yet?

    1. JB says:

      I received my check this afternoon 19 March 2022, Satueday. Rhode Island :)!!!. There coming, many should receive by tomorrow. God Bless

  4. Janet says:

    I receive this email yesterday afternoon, 15 March 2022

    Thank you for your e-mail.

    It appears that the check will be mailed out today, 3/15/2022. If you do not receive your check in 10 business days (2 weeks) please contact us again, and we can put in a request for your check to be reissued.

    Thank you

    Amtrak Disability Settlement Administrator

    info@AmtrakDisabilitySettlement.com

    888-334-6165

    1. Peppermint says:

      In informed delivery there is a letter with “tax documents” so I’m assuming it’s the W-9. How long does it take to get your check after it’s sent back?

      1. Douglas M says:

        It has to be a check they only did 2 batches of checks the last one was sent out Tuesday.
        Was it?

      2. Mark says:

        Did U get a check peppermint? And if so, what state do u live in?

  5. JB says:

    UPDATE >> W9 – (this is for ones who sent in the W9’s). Great News! God Bless!

    3/15/2022 10:43:22 AM
    Thank you for your e-mail.

    It appears that the checks will be mailed out today, 3/15/2022. If you do not receive your check in 10 business days (2 weeks) please contact us again, and we can put in a request for your check to be reissued.

    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-

  6. Mark says:

    Just called the administrator and they told me that the second batch checks (the ones who had to send in w-9’s), are going out tomorrow, Tuesday March 15th!

    1. Sent says:

      Same here I’m happy

    2. Miranda says:

      Were you told that on your specific case # and name, or generally that all of those that send in W-9s that checks are being sent today Tuesday the 19th?
      I called and she was busy and could t get in touch with the supervisor yet said if I don’t get a check in within weeks to call back? What that means, I don’t know?

      1. Miranda says:

        Also to sent.

      2. Mark says:

        They send checks out in batches so I’m assuming it’s for everyone. They told you to check in 2 weeks because it takes a few days for the post office to get it to you.

    3. Miranda says:

      That comment was to you, Mark

    4. Chris Anderson says:

      Are these checks also be for the people who had to send in additional information and had deficiencies in their claims.

      1. You know who I am says:

        Mine was cured def. I got 3 points and mailed yesterday.

    5. Sharon P says:

      Got that too 3/15 so it’s about to hit our mailbox by Friday the latest

    6. JB says:

      I received yesterday via email.

      Sent: 3/15/2022 11:37:39 AM
      From: amtrakdisabilitysettlement
      Sent: Tue, 15 Mar 2022
      Subject: RE: Important>> W-9 Tax Return Document Signed

      Thank you for your e-mail.

      It appears that the check will be mailed out today, 3/15/2022. If you do not receive your check in 10 business days (2 weeks) please contact us again, and we can put in a request for your check to be reissued.

      Thank you

      Amtrak Disability Settlement Administrator

      info@AmtrakDisabilitySettlement.com

      888-334-6165

      1. Finally.. says:

        At least it seems parent across the board for everyone that’s a good sign !!!

        1. Finally.. says:

          Apparent*

  7. Michelle says:

    I am Michelle Lynn Stailey

    Claimant ID # 0000048804

    I submitted a claim because I am eligible and meet the criteria outlined in the lawsuit. I infact was a passenger on the train during the periods I indicated and was not accommodated for the physical disabilities that I endure on a daily with the use of a Walker. The train was not equipped with handicapped accessibilities making my trip uncomfortable and unpleasant.  I help my urine for hours, unable to get to the bathroom and had great difficulty in boarding the train with my handicapped device.  It is necessary and proper that I recieve compensation for my claim against Amtrack. I just recieved a DENIAL letter. I WAS NEVER asked for any documentation or anything. They should have all my boarding information! They scammed ppl so they could retrieve the leftover money!!!!!!!

    1. Wounded Hero says:

      Omg… that is terrible

    2. Lee says:

      Michelle, did you receive a letter prior to this denial letter that gave a period of time to provide information?

  8. Stacy McGee says:

    Any update on those of us that sent in our W9 to be verified?

    1. Tony G says:

      Here is my update for those who got a w9 and no check for verification.

      Your record has been updated. It looks like your check will be mailed out in 2-3 weeks. We do not have a specific date at this time but if you would like to contact us in a week or so we will hopefully have a mail date available

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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.