Legal Predation

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Alabama has not escaped an abuse suffered elsewhere in the country, one reminiscent of lawyers’ trolling for plaintiffs in their nightly TV ads. The Opelika-Auburn News has carried stories about a form letter (copied online by the newspaper) that local businesses have received from a law firm in Montgomery. (I have also had a brief conversation with an attorney for some of the victims.)

The letter threatens a federal lawsuit on behalf of not-yet-specified plaintiffs for not-yet-specified violations of the Americans with Disabilities Act unless the targeted firm agrees to an out-of-court settlement. The letter expressly says that a suitable settlement would cover legal fees. The amount later suggested, typically a few thousand dollars, apparently turns out to be small enough to persuade some victims to settle to avoid risking further and possibly great expense and trouble.

Such predation is one more example of using or threatening government power to redistribute wealth away from its real producers. It is also an example both of quasi-deception and of regarding business firms as fair game that just exists, almost automatically, to be exploited in various ways as might occur to somebody.

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