Legal Action Update
ADA and ASHA have mutually resolved the outstanding issues between them and have reached a settlement that does not involve either party admitting liability or fault or making any payment to the other. Pursuant thereto, if you renewed your ASHA certification in 2011 after receiving a letter in 2011 from ASHA regarding the consequences of losing ASHA certification, or obtained ASHA certification in 2011 after viewing the related FAQs on the ASHA website, and believe you were misled, and now no longer wish to maintain your CCC-A, please contact Marty Rome (ASHA's Chief Staff Officer for Communications) 301-296-8716 or mrome@asha.org to receive a refund.
- ASHA Brief Regarding Motion to Dismiss Second Amended Complaint (4-13-12)
- ASHA Motion to Dismiss Second Amended Complaint (4-13-12)
- ADA Brief in Opposition to Motion to Stay Litigation (Second Amended Complaint) (4-3-12)
- ADA Motion for Leave to File Second Amended Complaint (4-3-12)
- Activity in Case 2:11-cv-00998-MRH-CRE ADA v. ASHA Order (3-15-12)
- ASHA Report Concerning Mediation Scheduling (3-14-12)
- Supplemental Report Concerning Mediation Scheduling (3-14-12)
- Court Order Denying ASHA’s Motion for Stay of Litigation (3-7-12)
- ADA Brief in Opposition to Motion to Stay Litigation (3-6-12)
- ASHA Motion to Dismiss ADA Amended Complaint (3-5-12)
- Brief re:ASHA Motion to Dismiss ADA Amended Complaint (3-5-12)
- ASHA Motion to Stay Litigation (3-5-12)
- Brief re:ASHA Motion to Stay Litigation (3-5-12)
- Legal Update (2-16-12)
- ADA Amended Complaint Against ASHA (2-16-12)
- ASHA Reply Brief in Response to ADA Motion to Dismiss(11-17-11)
- ADA Reply Brief in Opposition to Dismiss(11-03-11)
- ADA Reply Brief in Opposition to Motion to Strike Declaration(10-28-11)
- ADA Reply Brief in Support of Motion for Preliminary Injunction(10-20-11)
- ASHA’s Memorandum in Opposition to ADA's Motion for Preliminary Injunction(10-14-11)
- ASHA’s Motion to Strike Material from ADA Declaration(10-14-11)
- ASHA’s Motion to Dismiss(10-3-11)
- Memorandum of Law in Support of ASHA’s Motion to Dismiss(10-3-11)
- Proposed Order Granting ASHA’s Motion to Dismiss(10-3-11)
- Motion for Preliminary Injuction Filed by ADA (9-21-11)
- Declaration in Support of Motion for Preliminary Injuction (9-21-11)
- ADA’s Response to ASHA (8-16-11)
- ASHA’s Response to the Filed Complaint (8-8-11)
- Complaint filed in US District Court (8-3-11)
- ADA’s 3rd Request to ASHA (7-26-11)
- ASHA’s 2nd Response to ADA (7-26-11)
- ADA’s 2nd Request to ASHA (7-21-11)
- ASHA’s 1st Response to ADA (7-20-11)
- Letter to ADA Members (6-28-11)
- Cease and Desist Letter Sent to ASHA (6-27-11)
- False statements in ASHA correspondence to audiologists
(866) 493-5544
sczuhajewski@audiologist.org
September 21, 2011
ADA FILES MOTION FOR PRELIMINARY INJUNCTION TO PREVENT ASHA FROM DISSEMINTATING FALSE STATEMENTS TO AUDIOLOGISTS
(Lexington, KY)-- On September 21, 2011, the Academy of Doctors of Audiology (ADA) filed a motion in United States District Court seeking a preliminary injunction to prevent the American Speech-Language Hearing Association (ASHA) from making false statements, in correspondence, on websites or in any other form or manner, stating or implying that the CCC-A is necessary for a licensed audiologist to provide clinical services and/or to supervise students, aides and assistants.
The Court has set a briefing schedule on this motion: ASHA must respond by October 14, 2011. ADA can reply by October 21, 2011.
“Through this preliminary injunction request, ADA is seeking intervention by the Court to stop ASHA’s false statements immediately,” said ADA Executive Director, Stephanie Czuhajewski. “Our goal is to prevent further harm from occurring to audiologists as a result of these false statements, while our case is being considered.”
Following ADA’s filing of the lawsuit on August 3, 2011, ASHA said that it would correct some of the statements made in form letters. But it has not said when it will do so and there is no evidence that it has done so. Further, ASHA’s proposed corrections are not sufficient to cure the false statements. ASHA has apparently made revisions to its website since the lawsuit was filed, though it gave no notice to ADA that it was doing so--and the revisions do not fully correct the false statements.
This motion for a preliminary injunction, along with the supporting brief, supplemental documentation and sworn declaration are necessary at this time because ASHA continues to make false and misleading statements to audiologists stating that if they (audiologists) do not hold the Certificate of Clinical Competence in Audiology (“CCC-A”), sold by ASHA, that they (audiologists) cannot provide clinical services or supervise students, aides and assistants. Licensed audiologists certainly can provide such services and supervision, with or without the CCC-A.
The statements plainly are false, as ASHA implicitly concedes, there is no real issue about that. Whether or not the Court ultimately grants ADA the restitution relief it seeks for victims of the false statements, ASHA should be required immediately to make full and adequate corrections to what it says to the public going forward. ASHA should also be required to disclose all other similar false statements that it makes and to correct those as well.
Please click here to review the complete motion and brief. Please click here to review the declaration.
Because of the sensitive nature of this matter, it may not be possible for ADA or its leaders to comment beyond what has been publicly released. We will continue to update ADA members as more information becomes available. Please visit the following webpage for updates: http://www.audiologist.org/legal-action-update.html.
August 3, 2011
ADA FILES FEDERAL LAWSUIT: SEEKS INJUNCTIVE RELIEF, DAMAGES AND PUNISHMENT FOR ASHA'S FRAUDULENT ACTIVITIES
Lexington, KY—The Academy of Doctors of Audiology (ADA) ADA on August 2, 2011, filed a lawsuit against the American Speech Language Hearing Association (ASHA) in the United States District Court for the Western District of Pennsylvania in Pittsburgh. The lawsuit seeks an injunction against ASHA, requiring it to correct fraudulent statements ASHA has made in letters to audiologists and on its website. The false statements are that the ASHA CCC-A is required to provide clinical services and to supervise students, aides and assistants. The injunction would also require ASHA to notify all audiologists who received or renewed the CCC-A in the past four years that they may cancel retroactively and receive a refund with interest.
View the official complaint here
ADA had requested ASHA to do these things by a letter sent on June 27, 2011. In a response on July 20, 2011, ASHA's lawyer said that ASHA would revise the false statements, but did not say how or when it would do that. ASHA still declined even after ADA's attorneys requested that information.
"We had no choice but to file suit," said ADA's President, Bruce Vircks, Au.D. "ASHA simply would not tell us what it intended to do about its admittedly false statements, even after we asked again. And it did not offer to make amends for what it has done."
In a form letter sent by ASHA to persons who had given notice of cancelling their CCC-A status, they were asked to sign and return an inaccurate acknowledgement that they, “cannot supervise students in clinical practicum or during the clinical fellowship.”
Even stronger inaccurate statements were made in a form letter to persons who had failed to file for their CCC-A Certification Maintenance: “You will be prohibited from providing or supervising the provision of clinical services” and then in a follow-up notice that, “You are no longer able to provide clinical services and/or supervise clinical fellows.” View examples.
ADA’s legal counsel wrote ASHA on June 27th to demand that it cease and desist its fraudulent activities. ADA also demanded that ASHA provide notice to all audiologists about the false statements and offer them the opportunity for a refund. ADA has not received an acceptable response to either request.
Because of the sensitive nature of this matter, it may not be possible for ADA or its leaders to comment beyond what has been publicly released. We will continue to update ADA members as more information becomes available. Please visit the following webpage for updates: http://www.audiologist.org/legal-action-update.html.
June 30, 2011
ADA SEEKS CEASE AND DESIST AND MONETARY RELIEF FOR AUDIOLOGISTS HARMED BY ASHA’S ILLEGAL CONDUCT
(Lexington, KY)— The Academy of Doctors of Audiology (ADA) has demanded that the American Speech Language-Hearing Association (ASHA) cease and desist making false statements to audiologists. ADA members received the following notification of the demand made on ASHA:
In a form letter sent by ASHA to persons who had given notice of cancelling their CCC-A status, they were asked to sign and return an inaccurate acknowledgement that they, “cannot supervise students in clinical practicum or during the clinical fellowship.”
Even stronger inaccurate statements were made in a form letter to persons who had failed to file for their CCC-A Certification Maintenance: “You will be prohibited from providing or supervising the provision of clinical services” and then in a follow-up notice that, “You are no longer able to provide clinical services and/or supervise clinical fellows.” View examples.
“ASHA’s statements are totally false,” said ADA President Bruce Vircks, Au.D. “An audiologist’s legal right to practice is defined by state licensure requirements and not the CCC-A. Audiologists who drop, or consider dropping, the voluntary certification through ASHA should not be tricked into paying fees by being told that they would no longer be able to provide clinical audiology services. Audiologists who do not hold the CCC-A also can absolutely supervise audiology students during clinical practicum in order for the students to be awarded the Au.D. degree.”
ADA’s legal counsel wrote ASHA to demand that it cease and desist its fraudulent activities. ADA also demanded that ASHA provide notice to all audiologists about the false statements and offer them the opportunity for a refund.
A requirement that audiologists hold the CCC-A to supervise students is nowhere to be found in the 2008 CAA standards for audiology accreditation. ASHA does require that 1820 hours of clinical practicum be supervised by a CCC-A holder, if the student wishes to have CCC-A certification. The CCC-A is not required for licensure, however, nor necessarily for employment.
ADA also views the CCC-A practicum supervision requirement as a violation of the federal antitrust laws. ADA also therefore demands that ASHA cease and desist from its violation of the federal antitrust laws, through its fraud and its illegal tying of the CCC-A to preceptor status. ADA encourages members and other audiologists who have received correspondence from ASHA containing similar statements to those outlined above to contact Stephanie Czuhajewski at ADA headquarters at 866-493-5544 or via e-mail at sczuhajewski@audiologist.org.
ADA is working on behalf of audiologists to ensure that their scope of practice is protected, that they have a fair opportunity to practice and compete as provided by law, and that they and their audiology practice are not negatively impacted as a result of these false statements and other illegal activities.