ADA Files Federal Lawsuit Against ASHA Alleging Fraudulent Activities

August 2011

The Academy of Doctors of Audiology (ADA) on Aug. 2 filed a lawsuit against the American Speech Language Hearing Association (ASHA) in the U.S. 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 at http://tinyurl.com/4x5qdod)

ADA had requested ASHA to do these things by a letter sent on June 27. In a response on July 20, 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, AuD. "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," according to the ADA complaint.

Even stronger 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."

ADA's legal counsel wrote ASHA on June 27 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. The ADA will continue to update its members as more information becomes available. For more information: www.audiologist.org/legal-action-update.html.