Lawsuit Against ASHA - In Brief: ADA Charges Against ASHA

Many people want to know what the lawsuit against ASHA is all about. Hell will freeze over before The ASHA Leader mentions it, so here is a quick and dirty:
According to court documents, the ADA (The Academy of Doctors of Audiology) charged that ASHA
"made false statements" because it was "recognizing the threats to revenues it receives from the CCC-A." In other words, the ADA charged that as a growing number of audiologists jump the expensive, irrelevant, and out-of-touch ASHA ship, "ASHA made false statements to audiologists in order to deceive them into renewing the CCC-A." 
I resigned from ASHA several months ago (on conscientious grounds) and received a bullcrap letter from ASHA similar to the one that the ADA refers to in its lawsuit. I interpreted ASHA's letter to me as an obvious and very lame attempt to intimidate and frighten me out of resigning from ASHA. Fat chance of a sleazy organization like ASHA ever intimidating and frightening me. Now that I am no longer a member of ASHA, it can't even discipline me. 
ASHA members need to be concerned about the skyrocketing legal bills ASHA is running up because of these incidents. ASHA resources are being used to fight legal battles in court rather than promote our professional interests - and it all comes out of your membership dues. 
You can get the full document here. It may take a while to download so be patient. For those who want the essence of the charges, see the following section from the document (bold added). 

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF PENNSYLVANIA PITTSBURGH DIVISION

ACADEMY OF DOCTORS OF ) AUDIOLOGY,

Plaintiff

vs.

AMERICAN SPEECH-LANGUAGE- HEARING ASSOCIATION, Defendant.

11. Audiologists often do not require the CCC-A in order to maintain and grow their practices. That has become increasingly true as the Au.D. has become the publicly-recognized credential for audiologists. Many employers no longer require their

audiologists to hold the CCC-A. Many audiologists do not find value in the CCC-A for their private practices. A substantial number of such audiologists no longer hold the CCC-A.

12. Recognizing the threat to the revenues it receives from the CCC-A, ASHA made false statements to audiologists in order to deceive them into renewing the CCC-A. There were three such false statements: 1) That the CCC-A is required to provide clinical services, 2) That the CCC-A is required in order to provide clinical practicum supervision and/or 3) That the CCC-A is required in order to supervise audiology aides and assistants. These will be referred to hereafter as the False Statements.

13. The False Statements were made in two ways that came to ADA’s attention. First, ASHA sent form letters to audiologists who have either given notice that they wish to cancel the CCC-A or who have failed to renew on time. Examples of these letters are attached as Exhibits 1-3. Second, ASHA made the false statements in a “Q&A” on its website, a copy of which is attached as Exhibit 4. On information and belief, the letters were received and relied upon by persons in the Western District of Pennsylvania and the website false statements were seen and relied upon by persons in the same District, as intended by ASHA.

14. The first letter, Exhibit 1, to those canceling, falsely informed them that they “cannot supervise students in clinical practicum or during the clinical fellowship.” According to ASHA, it was sent over the last three years to approximately 150 persons. The second letter, Exhibit 2, to those who had not renewed, falsely warned them that, “You will be prohibited from providing or supervising clinical services.” The third letter, Exhibit 3, was then sent to those who still did not renew, falsely telling them that, “You are no longer able to provide clinical services and/or supervise clinical fellows.” According to ASHA, the Exhibit 2 and 3 letters were used beginning in January of 2011 and were sent to 175 persons (Ex. 2) and then to 93 of those same persons (Ex. 3).

15. On the website, Exhibit 4, page 10 of 11, ASHA falsely stated to potential new audiologists, “Until you receive notification from the National Office that certification has been awarded, you may not present yourself as being certified and you may not provide independent clinical services, or supervise students or audiology aides/assistants.”

16. On information and belief, ASHA also made the False Statements in other ways, with the same intention and effect of deceiving audiologists into believing that they must hold the CCC-A in order to provide clinical services and to supervise students and/or aides and assistants. ASHA created a widespread belief among audiologists that the False Statements were true. On information and belief, some or all of the other False Statements were made to persons in the Western District of Pennsylvania.

17. Audiologists in the Western District of Pennsylvania and throughout the United States were deceived by ASHA’s False Statements and obtained and renewed their CCC-A status when they would not otherwise have done so, because they believed they needed to do so in order to continue to offer clinical services and supervise students, aides and assistants. The fact that 82 persons renewed after receiving the Exhibit 2 letter (and thus did not receive the Exhibit 3 letter) illustrates the point.


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