News & Analysis as of

Internet Retailers Americans with Disabilities Act (ADA)

Venable LLP

Website Accessibility: An Excerpt from the Advertising Law Tool Kit

Venable LLP on

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

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

Another California Appellate Court Holds That ADA Does Not Apply to a Virtual Business’s Website

On September 13, 2023, the Court of Appeal of the State of California, Fourth Appellate District, covering Orange County and San Diego County and the southernmost areas of California, held that the Americans with Disabilities...more

Saul Ewing LLP

California Appeals Court Holds Online-Only Businesses Are Not Subject to ADA - Further Divides Courts Regarding Website...

Saul Ewing LLP on

By now, business owners and their counsel have become increasingly aware of the high volume of lawsuits filed across the country alleging that commercial websites violate Title III of the Americans with Disabilities Act...more

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

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

California Appellate Court Rules That Purely Digital Retail Businesses Are Not Covered Under the Unruh Civil Rights Act

​​​​​​​On August 1, 2022, the Court of Appeal of the State of California, in Martinez v. Cot’n Wash, Inc., resolved two outstanding issues in the website accessibility field in a way that limits the reach of the Unruh Civil...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

McAfee & Taft

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

McAfee & Taft on

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

Jackson Lewis P.C. on

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

McManis Faulkner

Beyond Brick & Mortar – How Civil And Disability Rights Extend To Online Businesses

McManis Faulkner on

Late last year, the California Supreme Court issued a ruling with implications for online businesses going forward.  In White v. Square, Inc., 7 Cal. 5th 1019 (2019), a bankruptcy attorney brought a claim against Square under...more

Womble Bond Dickinson

Surf’s Up: New Wave of Novel Accessibility Litigation Hits Retailers

Womble Bond Dickinson on

During the past month, major retailers have been hit with a new wave of suits alleging that they discriminate against people with visual disabilities in violation of the Americans with Disabilities Act (“ADA”) by failing to...more

Ballard Spahr LLP

"Retail Rap" – Analysis of Business and Legal Trends in the Industry: July 2019

Ballard Spahr LLP on

From environmental concerns to accessibility in online shopping and the seemingly never-ending battle against counterfeiting, retail issues are making news—and presenting legal challenges to the industry. In this issue, we...more

Foley & Lardner LLP

Website Accessibility: An Issue for Health Care Companies

Foley & Lardner LLP on

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

Manatt, Phelps & Phillips, LLP

Uncertainty Increases After DOJ Drops ADA Regulations

Uncertainty for online retailers increased after the Department of Justice (DOJ) pressed pause on its plans to issue regulations under Title III of the Americans with Disabilities Act (ADA)....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

Arnall Golden Gregory LLP

News from AGG's Retail Industry Team - Summer Edition

Title III of the Americans with Disabilities Act (ADA) provides “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges,...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

BCLP

Retailers Seek to Improve Website Accessibility Following Surge of ADA Claims

BCLP on

Retailers have faced a wave of demand letters and lawsuits recently alleging that their websites are inaccessible in violation of the Americans With Disabilities Act of 1990 (the “ADA”), despite the fact that the ADA and its...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

BCLP

ADA Website Accessibility Cases Continue to Grow

BCLP on

An increasing number of retailers are facing lawsuits or threats of lawsuits regarding website accessibility under the Americans With Disabilities Act (“ADA”), despite the fact that the ADA and its implementing regulations do...more

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