News & Analysis as of

Americans with Disabilities Act (ADA) Title III Internet Retailers

Venable LLP

Website Accessibility: An Excerpt from the Advertising Law Tool Kit

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Title III of the Americans with Disabilities Act prohibits discrimination based on disability by “public accommodations.” The explosion of online commerce has forced the question: Does Title III apply to websites?...more

Husch Blackwell LLP

Some Clarity At Last: California Court of Appeals Holds Websites Are Not Places of Public Accommodation Under the ADA

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On August 1, 2022, the California Court of Appeals issued an opinion that will put a stop to website accessibility discrimination cases against online-only businesses brought pursuant to the state’s Unruh Act. The case,...more

K&L Gates LLP

California Court Curbs Website Accessibility Claims Against Online-Only Businesses

K&L Gates LLP on

Title III of the Americans with Disabilities Act (ADA) prohibits private entities from discriminating against disabled individuals. Specifically, it prohibits a “place of public accommodation” from discriminating “on the...more

BCLP

California Court of Appeals Holds Ecommerce Only Website Not Subject to ADA

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The California Court of Appeals has held that websites operated by online only businesses are not “places of public accommodation” subject to Title III of the ADA, agreeing with the Ninth Circuit Court of Appeals, and...more

McAfee & Taft

DOJ issues web accessibility guidance, but falls short of setting specific standards

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For several years, plaintiffs’ law firms have been hammering businesses with website accessibility lawsuits, arguing that all places of public accommodation, including online retailers and hospitality businesses, must have...more

Jackson Lewis P.C.

Justice Department Breaks its Silence Regarding Website Accessibility

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The Department of Justice (“DOJ”) issued Guidance on Web Accessibility and the ADA (the “Guidance”) regarding website accessibility under Title III of the Americans with Disabilities Act (“Title III”). The Guidance explains...more

Foley & Lardner LLP

Website Accessibility: An Issue for Health Care Companies

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Website accessibility under the Americans with Disabilities Act of 1990 (ADA) and Rehabilitation Act of 1973 (Rehabilitation Act) is an issue of which health care providers and other health care companies should be aware....more

Goulston & Storrs PC

No Relief in Sight from Website Accessibility Lawsuits

Goulston & Storrs PC on

In February 2017, we reported on a surge in website accessibility lawsuits brought under the Americans with Disabilities Act (“ADA”). This litigation trend has accelerated over the past year and shows no signs of slowing...more

Manatt, Phelps & Phillips, LLP

ADA Suit Against 1-800-Flowers.com Blooms

Demonstrating the minefield facing online retailers, the U.S. District Court, District of Massachusetts refused to dismiss an Americans with Disabilities Act (ADA) accessibility suit filed against 1-800-Flowers.com....more

Manatt, Phelps & Phillips, LLP

DOJ Drops Plans for ADA Guidance

It’s official: After years of waiting, the Department of Justice (DOJ) will not provide online retailers with guidance on the boundaries of website accessibility under the Americans with Disabilities Act (ADA)....more

BCLP

A New Year for Online Businesses: DOJ Ends 2017 by Withdrawing Website Accessibility Rulemaking

BCLP on

2017 was a busy year for retailers and businesses with an online presence, as they faced a wave of demand letters and lawsuits alleging that their websites are inaccessible to the visually impaired and/or hearing impaired in...more

Manatt, Phelps & Phillips, LLP

ADA Litigation Continues With Recent Settlements

As the wave of Americans with Disabilities Act (ADA) litigation against online retailers continues, a handful of companies have settled lawsuits for failing to make their websites accessible to those with visual impairments....more

Brownstein Hyatt Farber Schreck

Is Your Website a Place of Public Accommodation under the ADA? The Plaintiffs’ Bar Says “Yes,” the Circuits Are Split, and the DOJ...

What do glasses retailer Warby Parker Retail, Inc., delivery service Grubhub, pizza company Domino’s and media streaming giant Netflix have in common, besides having significant online services? The answer is that they have...more

Goulston & Storrs PC

The Ascendency of Accessibility: Surge in Website Lawsuits Continues

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The proliferation of accessibility lawsuits under Title III of the Americans with Disabilities Act (ADA) has not abated. It is well-documented that ADA-related litigation increased by 37% from 2015 to 2016, which is...more

Fisher Phillips

Don’t Get Caught In A Web of Claims: ADA Website Accessibility Claims On The Rise

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In today’s technology-driven society, retailers are increasingly using the internet to provide information, goods, and services to the public. While having a website is almost a mandatory aspect of operating a retail...more

Kelley Drye & Warren LLP

California Court Grants Summary Judgment in Website Accessibility Case

As we’ve noted in previous posts, there has been in increase in lawsuits alleging companies have violated the Americans with Disabilities Act because their websites aren’t accessible to the blind. This week, a California...more

Goulston & Storrs PC

Website and Mobile App Accessibility: The DOJ Kicks the Can

Goulston & Storrs PC on

As experienced retail attorneys, we bring decades of first-hand knowledge dealing with the business and legal issues facing retailers, e-tailers, landlords, owners, developers and prospective purchasers, restaurateurs, and...more

Foley & Lardner LLP

District Judge Rules That Website Must Accommodate the Disabled

Foley & Lardner LLP on

Clients who distribute their products or services, in large part, through the use of the Internet should take note of a recent federal court decision under the Americans with Disabilities Act (ADA). If followed in other...more

Orrick, Herrington & Sutcliffe LLP

The Next Frontier in ADA Litigation: Website and App Access for the Disabled

For the last several years, consumers have increasingly turned to online shopping as an alternative to traditional "brick and mortar" stores. Some reports showed that "Cyber Monday" sales figures beat out those for "Black...more

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