News & Analysis as of

E-Commerce Title III

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

BCLP

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

BCLP on

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

McDermott Will & Emery

Alcohol Suppliers Hit with ADA Website Accessibility Lawsuits

The increasing popularity of online shopping is placing e-commerce businesses—specifically those in the alcohol beverage industry—in legal crosshairs. In lockstep with a recent uptick in website accessibility cases, plaintiff...more

Saiber LLC

New York District Court Holds That Website Without Public-Facing, Physical Operations is Not a “Place of Public Accommodation”...

Saiber LLC on

In 1990, many years before online shopping and web-based entertainment were mainstream, Congress passed the Americans with Disabilities Act (“ADA” or the “Act”), 42 U.S.C. § 12101 et seq. Under Title III of the Act, the ADA...more

Goulston & Storrs PC

Avoiding Coronavirus Discrimination Claims in Retail and Hospitality

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 On the 30th anniversary of its passage, the Americans with Disabilities Act (ADA) deserves recognition for its continued viability and adaptability in response to contemporary problems and technological change. As the retail...more

Ward and Smith, P.A.

COVID Quarantine + Surge in eCommerce = … ADA Discrimination Claims?!

Ward and Smith, P.A. on

While much about COVID-19 and its long-term impact on businesses and the economy is unknown, its effect of a worldwide increase in a reliance on digital means to engage in business transactions is undeniable and unlikely to...more

ArentFox Schiff

Domino’s Delivers a Warning Regarding Website and App Accessibility Requirements Under the Americans With Disabilities Act

ArentFox Schiff on

On October 7, 2019, United States Supreme Court declined to hear an appeal of a decision by the Ninth Circuit presenting a question of significant importance to business owners engaged in ecommerce: Does Title III of the ADA...more

BCLP

No Longer a “Whisper” – California Appellate Court Joins List of Courts to Weigh in on Website Accessibility

BCLP on

In the first decision by a California appellate court addressing the application of Title III of the Americans with Disabilities Act (“ADA”) to websites, the court in Thurston v. Midvale Corp. (Sept. 3, 2019) 2019 WL 4166620,...more

Downey Brand LLP

California Grocer: The “Wild West” of ADA Website Litigation.

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Much of this increase has been driven by litigation focused on the accessibility of websites. Meanwhile, grocers have become more dependent on e-commerce and have adopted technology allowing customers to order groceries and...more

Goulston & Storrs PC

The Ascendency of Accessibility: Surge in Website Lawsuits Continues

Goulston & Storrs PC on

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

Akerman LLP - HR Defense

Are Websites Places of Public Accommodation?

By now, most lawyers are aware that Title III of the ADA applies to activities of an entity whose operations "affect commerce" and is a "place of public accommodation" as defined by statute. 42 U.S.C. § 12181(7)(A)-(L)....more

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