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2017 Federal ADA Title III Lawsuit Numbers 18% Higher than 2016

The increase of ADA Title III lawsuits in federal court shows no signs of stopping. From January 1 through April 30, 2017, 2629 lawsuits were filed — 412 more than during the same period in 2016....more

Florida Courts Rule ADA Covers Websites With Nexus To Physical Store

Seyfarth Synopsis: Two Florida federal district court judges require websites to have a “nexus” to a physical location for coverage under Title III of the ADA, but a third judge requires more....more

Public Accommodations are Starting to Win Website Accessibility Lawsuits

Two recent decisions by federal judges to dismiss website accessibility lawsuits may cause more public accommodations to fight instead of settle these suits, but businesses must continue to weigh many factors before making...more

UC Berkeley To Remove More Than 20,000 Online Videos From Public Access In Response To DOJ Captioning Demand

Seyfarth Synopsis: Fewer online videos from UC Berkeley will available to the public as a result of a DOJ demand that the videos have closed captioning....more

Texas Bankers and Nebraska Retailer Fight Back Against “Troll-Like” ADA Title III Website Accessibility Litigation

Seyfarth Synopsis: Retailer and Texas bankers go on the offense in response to ADA Title III lawsuits and demand letters. Hundreds, possibly thousands, of banks, retailers, and other businesses have received demand...more

Executive Order Likely Dooms Website Regulations for Public Accommodations

Seyfarth Synopsis: An executive order from President Trump will likely halt the Justice Department’s public accommodations website rulemaking. President Obama’s Department of Justice (DOJ) had stated that proposed...more

Court Says Settlement Agreement Does Not Bar Later Website Accessibility Lawsuit by a Different Plaintiff

Seyfarth Synopsis: With the recent proliferation of web accessibility demand letters and lawsuits, businesses often ask whether settling a claim with one plaintiff will bar future lawsuits brought by different plaintiffs. One...more

Florida Federal Court Holds That a Website is Not a Place of Public Accommodation

Seyfarth synopsis: A Florida Judge Holds that SeaWorld’s website is not a place of public accommodation covered by Title III of the ADA but the decision has its limits....more

ADA Title III Lawsuits Increase by 37 Percent in 2016

Seyfarth Synopsis: The number of federal ADA Title III lawsuits continue to surge, fueled by new plaintiffs, new plaintiffs’ lawyers, and website accessibility claims. Our 2016 lawsuit count is complete, and the results...more

WCAG 2.0 AA Is the New Accessibility Standard for Federal Agency Websites

Seyfarth synopsis: The federal government has adopted the Web Content Accessibility Guidelines 2.0 Levels A and AA as its accessibility standard for federal agency websites, making it very likely that the Department of...more

Proposed Rule for State and Local Government Websites Slated for July 2017

Seyfarth Synopsis: DOJ announces that proposed rules for state and local government websites will issue July 2017. The DOJ announced last week in the federal government’s Unified Agenda that it will be issuing a...more

How Will A Trump Administration Change The ADA Title III Landscape?

Seyfarth Synopsis: Our thoughts on the impact of the election on the ADA Title III landscape. We now know that January 20, 2017 will bring a definitive regime change. How will this change impact Title III of the ADA,...more

Federal Website Lawsuits Spike; Community Banks Get Demand Letters*

Seyfarth Synopsis: The number of federal lawsuits alleging inaccessible websites continues to increase, along with the number of law firms filing them. Businesses should seek advice now on how to manage risk in this chaotic...more

Federal Website Lawsuits Top 100 As New Wave Of Demand Letters Hits Community Banks

Seyfarth Synopsis: The number of federal lawsuits alleging inaccessible websites continues to increase, along with the number of law firms filing them. Businesses need advice now on how to manage risk in this chaotic...more

Arizona Attorney General Steps In To Address The Surge In Access Suits Filed In His State

Seyfarth Synopsis: The number of access lawsuits has surged in both Arizona state and federal courts, prompting an unprecedented intervention by the Arizona Attorney General. By our count, nearly 300 ADA Title III...more

DOJ Extends Comment Period for ADA Title II SANPRM, Cites Impact on Title III Rule

Seyfarth Synopsis: DOJ announced today an extension to October 7, 2016 for the public to submit comments on the SANPRM for state and local government websites. In May of this year the Department of Justice surprised us...more

ADA Title III Lawsuits Up 63% From 2015

In honor of the 26th anniversary of the ADA, we are sharing our mid-year count of ADA Title III lawsuits for 2016 and it’s newsworthy: The number of lawsuits filed in federal court is already at 3,435, up 63% from last...more

New Healthcare Regulations Impose Accessible Technology Requirements

Seyfarth Synopsis: New Affordable Care Act and Medicaid Regulations will require covered entities providing health care programs and services have accessible electronic information technology, including accessible...more

Attention Public Accommodations: DOJ’s Recent Rulemaking Action for State and Local Government Websites Reveals its Current...

Seyfarth Synopsis:  If you would rather not read the 30-page small print Federal Register notice, this summary will provide you with what you need to know about the Justice Department’s most recent official pronouncement on...more

Only a Bona Fide Patron of A Business Can Bring an ADA Suit, Maryland Court Holds

Seyfarth Synopsis: In a refreshing breath of fresh air, a federal judge holds that an intent to return as a “tester” does not give a plaintiff standing to sue under Title III of the ADA....more

Web Reg “Do Over?”: DOJ Withdraws Title II Notice of Proposed Rulemaking, Issues Supplemental Advanced Notice Seeking Further...

Seyfarth Synopsis: Public entities and private businesses have been waiting for years – since 2010 – for the Department of Justice to issue regulations setting a standard for website accessibility. The DOJ has announced that...more

Netflix Agrees To Add Audio Description to Many of Its Shows and DVD Rentals

Seyfarth Synopsis:  In what has been deemed the first of its kind, Netflix has entered into an agreement with the American Council of the Blind, the Massachusetts-based Bay State Council of the Blind, and a blind individual,...more

Website Accessibility Lawsuits By the Numbers

Website accessibility is an evolving and complicated topic, about which we’ve written many times. Thanks to delayed regulations and the Department of Justice’s changing positions on the issue, businesses have been caught off...more

Lack Of Website Accessibility Regulations Is No Bar To Suit, Another Judge Affirms

There is more bad news for businesses that thought that they could wait for the Department of Justice (DOJ) to issue specific regulations before making their websites accessible to individuals with disabilities. Federal...more

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