News & Analysis as of

Americans with Disabilities Act (ADA) Regulatory Standards Title III

Seyfarth Shaw LLP

Federal Court Website Accessibility Lawsuit Filings Took a Dip in 2023

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Seyfarth Synopsis: Plaintiffs filed 2,794 website accessibility lawsuits in federal court in 2023 – a 14% decrease from 2022....more

Ballard Spahr LLP

DOJ Final Rule Sets Deadline for State and Local Governments’ Online Application Accessibility

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The Department of Justice’s (DOJ) final rule on the accessibility of web content and mobile apps under Title II of the Americans with Disabilities Act (ADA) goes into effect June 24, 2024. With limited exceptions, the rule...more

Manatt, Phelps & Phillips, LLP

DOJ Finalizes Regulations for Accessibility of State and Local Government Websites

Could Similar Regs for Commercial Websites Be Next? The Attorney General has signed off on regulations for the accessibility of state and local government websites and apps to people with disabilities, which will take...more

Seyfarth Shaw LLP

W3C Adds Nine New Requirements In WCAG 2.2

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOJ’s Proposed Website Rule for State and Local Governments Has Major Implications for the Private Sector

In August 2023, the U.S. Department of Justice (DOJ) issued a Notice of Proposed Rulemaking (NPRM) that would make the Web Content Accessibility Guidelines (WCAG) the standard for compliance for state and local governments...more

Seyfarth Shaw LLP

Plaintiff-Friendly New York Courts Change Course in Three Recent Decisions in Website Accessibility Cases

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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

Morgan, Brown & Joy, LLP

Website Accessibility: The ADA And Access In Cyberspace

This past decade has seen a growing trend in lawsuits filed by both individuals and advocacy groups against public and private entities claiming disability discrimination under the Americans with Disabilities Act (ADA) for...more

Burr & Forman

Federal Appeals Court Chastises Cookie-Cutter ADA Title III Complaints and Tactics

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In Calcano v. Swarovski North America Ltd., the Second Circuit Court of Appeals consolidated five ADA Title III actions brought by the same law firm for alleged failures to offer braille gift cards. After consolidating the...more

CDF Labor Law LLP

California Court Holds Digital-Only Websites Do Not Qualify As “A Place of Public Accommodation” Under The Unruh Act

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After an explosion of “website accessibility” cases in recent years where plaintiffs sue internet-based companies under Title III of the Americans with Disabilities Act (ADA) alleging that the websites are not accessible...more

FordHarrison

Standing in the Shoes of a Non-Injured Plaintiff

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On March 18, 2022, the Second Circuit (covering New York, Connecticut, and Vermont) dismissed a claim under Title III of the Americans With Disabilities Act (ADA) for lack of standing, holding that a website “tester” who...more

Akerman LLP - HR Defense

Landmark ADA Case Leaves More Questions Than Answers on Website Obligations

Businesses hoping for clarification on their obligations to ensure their websites comply with Title III of the Americans with Disabilities Act (ADA) will still have to wait, following a recent federal appellate court...more

Bradley Arant Boult Cummings LLP

Navigating Website Accessibility under Title III of the Americans with Disabilities Act

The trend toward conducting business online has gained even stronger momentum as the economy continues to adapt to the challenges of the COVID-19 pandemic. But an increased digital presence carries the potential for increased...more

Burr & Forman

ADA Title III Website Accessibility Lawsuits On The Rise

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The number of ADA Title III lawsuits filed against businesses nationwide continues to increase. In 2020 alone, approximately 11,000 ADA Title III lawsuits were filed in federal courts. ...more

Brownstein Hyatt Farber Schreck

Circuit Courts Further Diverge on Website Accessibility

Need for Clarity Becomes Even More Urgent Amid Competing Interpretations, Lack of Guidance - The 11th Circuit recently delivered a blow to serial plaintiffs by holding that a website is not a place of public accommodation...more

Cozen O'Connor

Eleventh Circuit Court of Appeals Refuses to Extend ADA Liability to Websites

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Title III of the Americans with Disabilities Act (ADA) requires that disabled persons have equal access to goods and services provided by any “place of public accommodation.” ...more

Seyfarth Shaw LLP

House Bill Introduced to Require Accessible Consumer Facing Websites and Mobile Apps

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Seyfarth Synopsis: Congressmen Budd and Correa try to address website and mobile app accessibility in a new bill called the “Online Accessibility Act.” ...more

Morgan Lewis

Congress Considers New ADA Section to Regulate Consumer-Facing Websites, Mobile Applications

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Congressmen Ted Budd (R-NC) and Lou Correa (D-CA) introduced the Online Accessibility Act to the US House of Representatives on October 2, 2020. If enacted, the bill would create a technical standard for website/mobile...more

Lowndes

Is Your Webinar ADA Compliant?

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As a result of the COVID-19 pandemic, many businesses are relying on webinars as a tool to both stay in touch with clients and continue marketing efforts while practicing social distancing. However, is it possible that your...more

Seyfarth Shaw LLP

California State Courts Continue to Issue Pro-Plaintiff Decisions in Website Accessibility Cases

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Seyfarth Synopsis: A second California Court of Appeal rules that websites with a nexus to a physical place of business are covered by Title III of the Americans with Disabilities Act, while a California trial court insists...more

Seyfarth Shaw LLP

Ninth Circuit Rejects Serial Plaintiffs’ Lawsuits About the ADA’s Accessible Sales Counter Requirements

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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 Shaw LLP

Another New York Judge Says the ADA Does Not Require Braille Gift Cards

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Seyfarth Synopsis:  Businesses get another win in a lawsuit demanding gift cards with Braille....more

Seyfarth Shaw LLP

Seyfarth on CBD – February 2020 Update

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CBD continues to flourish in the markets despite lack of federal regulations, and we’ve identified some significant events that indicate there’s no sign it’s stopping. ...more

Seyfarth Shaw LLP

2019 Was Another Record-Breaking Year for Federal ADA Title III Lawsuits

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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

Carlton Fields

New Wave of Deaf and Blind Californians Suing Websites

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Is your website suitable for the blind or deaf? If not, you may well be sued in California even though your business is elsewhere....more

Seyfarth Shaw LLP

ADA TITLE III Litigation: A 2019 Review And Hot Trends For 2020

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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

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