News & Analysis as of

Title III Department of Justice (DOJ) Corporate Counsel

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

Supreme Court Questions Whether ADA Tester Case Is Moot

On October 4, 2023, the Supreme Court of the United States heard oral arguments in a highly-anticipated case over whether a self-proclaimed “tester” plaintiff has standing to bring Americans with Disabilities Act (ADA) claims...more

Manatt, Phelps & Phillips, LLP

DOJ Proposes Regulations for Accessibility of State and Local Government Websites

The Proposal Has Implications for Potential Regulations of Business Websites Too - The Department of Justice (DOJ) has issued a Notice of Proposed Rulemaking (NPRM) for the accessibility of state and local government...more

Seyfarth Shaw LLP

New California Assembly Bill on Website Accessibility Could Result in a Lawsuit Tsunami

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Seyfarth Synopsis: AB 1757 would adopt WCAG 2.1 Level AA as the de facto standard for websites and mobile apps that can be accessed from California and impose liability for statutory damages on business establishments and...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

Seyfarth Shaw LLP

The DOJ’s New Guidance Says Website Accessibility is an Enforcement Priority but Provides No New Legal Insights

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Seyfarth synopsis:  The DOJ issued a new guidance on website accessibility that contains basic information about the ADA’s requirements for lay people but no new information for legal practitioners....more

Seyfarth Shaw LLP

As the Winn-Dixie Saga Finally Concludes in Florida, 181 Advocacy Groups Urge DOJ to Issue Website Accessibility Regulations

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Seyfarth Synopsis: The Eleventh Circuit has refused to reconsider its decision to vacate its prior order and the trial court’s judgment because of mootness; while disability rights advocates demand regulatory action from DOJ...more

Seyfarth Shaw LLP

Crystal Ball 2022: More Aggressive DOJ Enforcement, More Lawsuits, and Maybe a New Rulemaking.

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Seyfarth synopsis: We predict 2022 will look a lot like 2021 with roughly the same number of lawsuits and DOJ pushing the boundaries of the ADA....more

Seyfarth Shaw LLP

Biden Department of Justice Steps up ADA Title III Enforcement

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Seyfarth Synopsis: The Biden DOJ Civil Rights Division has been much more active than its predecessor in enforcing Title III of the ADA and supporting plaintiffs in pending litigation....more

BCLP

Ninth Circuit Issues Important Decision in Domino’s Website Accessibility Action

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As businesses continue to face lawsuits and demand letters alleging that their websites are inaccessible to blind and deaf patrons in violation of the Americans with Disabilities Act (“ADA”), courts across the country...more

Blank Rome LLP

New Ruling Reiterates That Websites and Mobile Apps Need to Be ADA Compliant

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The Ninth Circuit has issued one of the first appellate decisions on the subject of websites and mobile applications’ accessibility to visually impaired and other disabled individuals under the Americans with Disabilities Act...more

BCLP

California Court Grants Nonsuit in Website Accessibility Trial

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A California court has dismissed a website accessibility case shortly after commencing trial, issuing a sua sponte nonsuit on grounds that the defendant credit union’s website is not subject to the ADA. Martinez v. San Diego...more

Littler

Latest DOJ Statement On Website Accessibility Provides No Definitive Site Map For Businesses

Littler on

At the end of September 2018, the U.S. Department of Justice (DOJ) responded to a June letter sent by 103 members of the U.S. House of Representatives asking it to take steps to stop the flood of lawsuits being filed against...more

Seyfarth Shaw LLP

Senators Send AG Sessions Letter Seeking Clarity on Website Accessibility Under ADA

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Seyfarth Synopsis: Not long after a similar Congressional appeal, Senators sent a letter to Attorney General Sessions urging action to stem the tide of website accessibility lawsuits plaguing businesses....more

Sheppard Mullin Richter & Hampton LLP

Is Your Online Job Application Accessible To The Visually Impaired? The Newest Website Accessibility Claims

In recent years, businesses have been inundated with a wave of serial litigation wherein private plaintiffs have argued that websites that are insufficiently compatible with screen reading software are in violation of Title...more

Fox Rothschild LLP

House Votes To Amend The ADA To Provide Businesses With Notice And Cure Period

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ADA reform finally may be on the horizon. On February 15, 2018 the U.S. House of Representatives passed legislation known as the ADA Education and Reform Act (H.R. 620), that would curb the rampant abuse of Title III of the...more

BCLP

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

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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

Seyfarth Shaw LLP

DOJ Nixes All Pending ADA Rulemakings, Including Website Access Rules

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Seyfarth Synopsis: The Justice Department withdraws pending rulemakings for accessible websites, furniture and non-fixed equipment.The current Department of Justice’s (DOJ) regulatory approach to Title III of the ADA is yet...more

BCLP

Courts Continue to Weigh in on the Issue of Website Accessibility

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Courts across the country continue to weigh in on the issue of website accessibility. Earlier this month, the U.S. District Court for the District of New Hampshire denied a Motion to Dismiss filed by online food delivery...more

BCLP

Online Retailers Beware: Court Holds Website Violates ADA Despite Lack of Physical Store

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Courts across the country continue to weigh in on the issue of website accessibility. Last week, the U.S. District Court for the District of New Hampshire denied a motion to dismiss filed by online food delivery servicer Blue...more

Seyfarth Shaw LLP

Website Accessibility Lawsuit Filings Still Going Strong

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Seyfarth Synopsis: The number of federal lawsuits alleging inaccessible websites continues to increase, along with the number of law firms filing them. Businesses remain well-advised to seek advice from counsel experienced...more

Seyfarth Shaw LLP

Justice Department Says Vending Machines Are Not Places Of Public Accommodation—And So Much More

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Seyfarth Synopsis: In amicus brief to the U.S. Supreme Court, the Justice Department agreed with the Fifth Circuit and defendant Coca-Cola that a vending machine is not a place of public accommodation and that public...more

BCLP

Website Accessibility Update: California Federal Court Denies Hobby Lobby’s Motion to Dismiss

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Another website accessibility decision against a retailer, this time involving Hobby Lobby Stores, Inc. in the Central District of California, highlights the uncertainty of the law and of litigating such cases while courts...more

Fisher Phillips

Federal Court Decision Approves New Class Of “Surf-By” Lawsuits - Is Your Website Susceptible To ADA Title III Challenges?

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A federal court in Florida issued a potentially groundbreaking decision earlier this week that could open the floodgates when it comes to a new trend in litigation filed under Title III of the Americans with Disabilities Act...more

Seyfarth Shaw LLP

Website Accessibility Lawsuits By the Numbers

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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

Lathrop GPM

ADA Litigation Over Website Accessibility Is Exploding

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Today, it is nearly unthinkable to run a successful business without a website. While companies focus on the appearance, functionality and usability of their sites, they often inadvertently overlook how well the website...more

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