Seyfarth Synopsis: Plaintiffs filed 2,794 website accessibility lawsuits in federal court in 2023 – a 14% decrease from 2022....more
6/14/2024
/ Americans with Disabilities Act (ADA) ,
Consumer Complaint System ,
Corporate Counsel ,
Disability Discrimination ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: The W3C recently adopted Version 2.2 of the Web Content Accessibility Guidelines (WCAG) which adds nine new success criteria for digital accessibility....more
12/13/2023
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
New Regulations ,
Regulatory Standards ,
State and Local Government ,
Title III ,
W3C ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: Department of Justice (DOJ) issues proposed website accessibility regulations applicable to state and local governments under Title II of the ADA....more
8/7/2023
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Information Technology ,
NPRM ,
Public Accommodation ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Standards ,
Title II ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: New York federal courts have generally been friendly to plaintiffs in website accessibility lawsuits, but a few recent decisions are demanding more of plaintiffs to establish standing....more
Seyfarth Synopsis: Congressmen Budd and Correa try to address website and mobile app accessibility in a new bill called the “Online Accessibility Act.” ...more
10/14/2020
/ Administrative Remedies ,
Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Mobile Apps ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: The Ninth Circuit holds that the ADA does not require a 36 inch length of clear sales counter space when the entire counter provided for all customers is at an accessible height....more
Seyfarth Synopsis: Businesses get another win in a lawsuit demanding gift cards with Braille....more
5/14/2020
/ Americans with Disabilities Act (ADA) ,
Boilerplate Language ,
Disability Discrimination ,
Foot Locker ,
Gift-Cards ,
Permanent Impairments ,
Popular ,
Public Accommodation ,
Regulatory Standards ,
Retail Market ,
Retailers ,
Title III
Seyfarth Synopsis: In a first-in-the-nation decision, Judge Gregory Woods of the Southern District of New York ruled that Title III does not require public accommodations to manufacture or sell Braille gift cards....more
Seyfarth Synopsis: The ADA Title III federal lawsuit numbers in 2019 topped 11,000 for another all-time record.
Plaintiffs filed at least 11,053 ADA Title III lawsuits in federal court in 2019 — 890 (or 8.8%) more than in...more
Seyfarth synopsis: ADA Title III lawsuits flooded federal courts in 2019 and will likely continue to do so in 2020 with new theories for the courts to consider. ...more
1/7/2020
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Dominos ,
Gift-Cards ,
Hospitality Industry ,
Hotels ,
Mobile Apps ,
Permanent Impairments ,
Public Accommodation ,
Regulatory Standards ,
Retail Market ,
Retailers ,
Title III ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: Enterprising plaintiffs in New York are suing more than 100 businesses under a new theory – – that ADA Title III requires Braille gift cards....more
11/5/2019
/ Americans with Disabilities Act (ADA) ,
Article III ,
Corporate Counsel ,
Disability Discrimination ,
Gift-Cards ,
Permanent Impairments ,
Public Accommodation ,
Regulatory Standards ,
Regulatory Violations ,
Restaurant Industry ,
Retail Market
Seyfarth Synopsis: Website accessibility lawsuit filings in federal court in 2019 are on track to exceed 2018. Will we see an increase in filings as a result of the Supreme Court’s decision not to review the Ninth Circuit’s...more
11/4/2019
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Denial of Certiorari ,
Disability Discrimination ,
Dominos ,
Mobile Apps ,
Public Accommodation ,
Regulatory Standards ,
SCOTUS ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: The Supreme Court Leaves the Ninth Circuit’s Robles v. Domino’s decision intact, dashing businesses’ hope for some relief from website accessibility lawsuits....more
10/9/2019
/ Americans with Disabilities Act (ADA) ,
Denial of Certiorari ,
Disability Discrimination ,
Dominos ,
Mobile Apps ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth synopsis: California Court of Appeal affirms ruling that inaccessible restaurant website violated the Unruh Act and orders that restaurant website comply with WCAG 2.0 Level AA....more
9/11/2019
/ Americans with Disabilities Act (ADA) ,
Article III ,
Disability Discrimination ,
Dominos ,
Due Process ,
Popular ,
Public Accommodation ,
Regulatory Standards ,
Standing ,
Title III ,
Unruh Civil Rights Act ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: The Supreme Court will decide whether to hear its first website accessibility case now that briefing on Domino’s Petition for Certiorari is complete....more
8/15/2019
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Dominos ,
Due Process ,
Franchises ,
Petition for Writ of Certiorari ,
Public Accommodation ,
Regulatory Standards ,
SCOTUS ,
Title III ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: Courts in the Fourth Circuit are taking a hard look at a plaintiffs’ standing in website accessibility cases.
In a small but potentially important victory for defendants facing website accessibility...more
7/5/2019
/ Americans with Disabilities Act (ADA) ,
Article III ,
Disability Discrimination ,
Injury-in-Fact ,
Public Accommodation ,
Regulatory Standards ,
Standing ,
Title III ,
Website Accessibility ,
Website Owner Liability ,
Websites
Domino’s filed its petition for writ of certiorari with the U.S. Supreme Court today, June 13, 2019, asking the Court to review and overturn the Ninth Circuit’s decision which allowed a website accessibility lawsuit to...more
Seyfarth Synopsis: A Committee in the New York State Senate aims to develop a legal standard for the accessibility of business websites under New York law, in response to the exponential increase in website accessibility...more
5/20/2019
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Legislative Agendas ,
Public Accommodation ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Standards ,
State and Local Government ,
Title III ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: Domino’s Likely to File Petition for Certiorari from Ninth Circuit’s Ruling in Robles v. Domino’s....more
3/21/2019
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Dominos ,
Due Process ,
Petition for Writ of Certiorari ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: DOJ provides guidance on sales/service counter rules in the 2010 Standards that provides some relief to businesses....more
As we had predicted, the number of website accessibility lawsuits (i.e. lawsuits alleging that plaintiffs with a disability could not use websites because they were not coded to work with assistive technologies like screen...more
Seyfarth Synopsis: Ninth Circuit overturns district court’s dismissal of website accessibility lawsuit on due process and primary jurisdiction grounds, remands case to proceed with discovery....more
1/17/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Disability Discrimination ,
Dominos ,
Fast-Food Industry ,
Mobile Apps ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: DOJ’s response to members of Congress about the explosion in website accessibility lawsuits contains some helpful guidance for public accommodations fighting these claims....more
10/3/2018
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Due Process ,
Public Accommodation ,
Regulatory Reform ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: Plaintiffs secure a second judgment in a federal website accessibility lawsuit while most of the others successfully fended off motions to dismiss. ...more
9/20/2018
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Motion to Dismiss ,
Public Accommodation ,
Regulatory Standards ,
Summary Judgment ,
Title III ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: If ADA Title III federal lawsuit numbers continue to be filed at the current pace, 2018’s total will exceed 2017 by 30%, fueled largely by website accessibility lawsuit continued growth....more