News & Analysis as of

Title III

Businesses Face Conflicting State And Federal Accessibility Requirements

by Jackson Lewis P.C. on

Many states and localities have their own distinct accessibility laws and regulations for businesses. Often these are not analogous to the ADA. For instance, businesses operating in New York must use the disability access...more

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

by Seyfarth Shaw LLP on

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

The Next Frontier in ADA Access Litigation – Online (Part II)

by Fox Rothschild LLP on

Last month I posted Part I on this topic which covered the state of federal statutes and regulations regarding web site access as well as the most recent Florida Federal case law on the topic. This time I around, I want...more

The Next Frontier in ADA Access Litigation – Online (Part I)

by Fox Rothschild LLP on

Florida, and particularly South Florida, has always been on the leading edge of legal trends that involve mandatory attorneys’ fees for plaintiffs. For many years, the United District Court in and for the Southern District...more

Accessible Icon Update: New Federal Guidance Deepens Quandary for Businesses Facing Contradictory State Requirements

by Seyfarth Shaw LLP on

As we previously reported, New York State and more recently, Connecticut, passed legislation requiring the use of the “Accessible Icon” in lieu of the traditional International Symbol of Access (“ISA”) in new construction and...more

Accessible Icon Update: New Federal Guidance Deepens Quandary for Businesses Facing Contradictory State Requirements

by Seyfarth Shaw LLP on

As we previously reported, New York State and more recently, Connecticut, passed legislation requiring the use of the “Accessible Icon” in lieu of the traditional International Symbol of Access (“ISA”) in new construction and...more

Advertising Law - April 2017 #2

Business Supply Scam Operators Banned From Telemarketing - The Federal Trade Commission banned the operators of an office supply business from telemarketing pursuant to a settlement deal in Texas federal court. In...more

Florida Courts Rule ADA Covers Websites With Nexus To Physical Store

by Seyfarth Shaw LLP on

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

Did You Know...Federal District Court Dismisses Website Accessibility Claims Because Of Lack Of Due Process

by Nossaman LLP on

On March 20, 2017, a federal district judge in the Central District of California issued a big win for businesses dealing with the recent onslaught of website accessibility litigation – claims that a business’s website is not...more

Now What?: ADA’s Website Accessibility Guidelines May Take Longer than Anticipated

Recently, the SC Employers’ Blog alerted you to a rising trend where serial claimants send demand letters to various private companies alleging the company’s website discriminates against individuals who are blind or visually...more

“Oh Yes [the Court] Did” — District Court Grants Motion to Dismiss ADA Complaint Until the DOJ Issues Implementing Regulations and...

On March 20, 2017, U.S. District Court Judge S. James Otero for the Central District of California in Robles v. Domino’s Pizza LLC, granted defendant Domino’s Pizza LLC’s motion to dismiss without prejudice and ruled that the...more

Colorado Businesses Continue to Face "Drive By" Lawsuits Over ADA Accessibility

by Ballard Spahr LLP on

Plaintiffs have brought more than 150 lawsuits in federal court in Denver against Colorado businesses alleging violations of the Americans with Disabilities Act (ADA) over the past year, following a national trend. These...more

Public Accommodations are Starting to Win Website Accessibility Lawsuits

by Seyfarth Shaw LLP on

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

It’s Audit Season: Have You Audited Your Website’s Accessibility?

by Akerman LLP - HR Defense on

Audit season is in full swing. Businesses now are working with auditors on their tax and other audits to ensure compliance with various financial regulations. But there is one audit that many businesses have yet to undertake...more

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

by Seyfarth Shaw LLP on

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

How to Avoid ADA Claims as Service Animals Increase in Popularity

by Bryan Cave on

As retailers see an increasing number of customers seeking to bring animals into their stores, they should ensure that they have well-defined policies and train their employees concerning compliance with the ADA’s provisions...more

The Ascendency of Accessibility: Surge in Website Lawsuits Continues

by 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

Website Accessibility

by SmithAmundsen LLC on

Website accessibility continues to be a hot topic. Hundreds of businesses throughout the country have been sued in the past few years for failing to have accessible websites. Retail businesses have been the primary target;...more

Arizona Judge Finds Standing is a Must for Serial ADA Plaintiff, Dismisses More Than 1,100 Cases

An Arizona judge dismissed more than 1,100 lawsuits against Arizona businesses alleging that their parking lots are not accessible to persons with disabilities. Judge David M. Talamante rejected the plaintiffs’ argument that...more

Your property was hit with an ADA lawsuit – now what?

by Shutts & Bowen LLP on

Over the last couple of years, Florida has seen a proliferation of lawsuits alleging violations of Title III of the Americans with Disabilities Act (“ADA”). Many of the cases are filed by “serial” filers – plaintiffs that...more

Community Banks Should Be Wary of ADA Claims

by Hogan Lovells on

A number of community banks have recently received an unpleasant delivery: a demand letter from a law firm stating the bank is not in compliance with the Americans with Disabilities Act (the ADA) and suggesting a proposed...more

Online Businesses Beware: Website Accessibility Claims Are on the Rise

by Bryan Cave on

Online businesses, including financial institutions, banks, and retailers, have faced a wave of demand letters and lawsuits alleging that their websites are inaccessible to the visually impaired and/or hearing impaired in...more

Companies Face ‘New Frontier’ in ADA Compliance

by Polsinelli on

Most companies and individuals who operate businesses at physical locations are familiar with their obligations under the Americans with Disabilities Act of 1990 (ADA) to not discriminate against, and possibly provide...more

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

by Seyfarth Shaw LLP on

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

Innovative Salad Restaurant Agrees to Make Website and Mobile App Accessible

by Seyfarth Shaw LLP on

Seyfarth Synopsis: New website and mobile app accessibility settlement agreement requires WCAG 2.0 AA conformance, training, and feedback mechanism. Being named one of the most innovative companies of 2016 doesn’t make...more

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