Seyfarth Synopsis: Plaintiffs filed 2,794 website accessibility lawsuits in federal court in 2023 – a 14% decrease from 2022....more
6/14/2024
/ Americans with Disabilities Act (ADA) ,
Consumer Complaint System ,
Corporate Counsel ,
Disability Discrimination ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: DOJ issues useful new Guide to help small governmental entities understand the new web and mobile app accessibility requirements under Title II of the ADA....more
5/24/2024
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Mobile Apps ,
Rulemaking Process ,
Small Entity Compliance Guide ,
State and Local Government ,
Title II ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Websites
Seyfarth Synopsis: AB 1757, which would set a standard for website accessibility for businesses in California, has been held in the Legislature to resume discussion in 2024....more
9/12/2023
/ Americans with Disabilities Act (ADA) ,
California ,
Corporate Counsel ,
Disability Discrimination ,
Disabled Persons Act ,
Legislative Agendas ,
Proposed Legislation ,
Regulatory Agenda ,
Title III ,
Unruh Civil Rights Act ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility
Seyfarth Synopsis: Department of Justice (DOJ) issues proposed website accessibility regulations applicable to state and local governments under Title II of the ADA....more
8/7/2023
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Information Technology ,
NPRM ,
Public Accommodation ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Standards ,
Title II ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
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
6/22/2023
/ Americans with Disabilities Act (ADA) ,
California ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Disabled Persons Act ,
Mobile Apps ,
Title III ,
Unruh Civil Rights Act ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility
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 Synopsis: Congressmen Budd, Hudson, and Correa reintroduce the Online Accessibility Act which would govern the application of the ADA to websites and mobile applications. ...more
Seyfarth Synopsis: Website accessibility lawsuit filings in federal court in 2019 are on track to exceed 2018. Will we see an increase in filings as a result of the Supreme Court’s decision not to review the Ninth Circuit’s...more
11/4/2019
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Denial of Certiorari ,
Disability Discrimination ,
Dominos ,
Mobile Apps ,
Public Accommodation ,
Regulatory Standards ,
SCOTUS ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth synopsis: California Court of Appeal affirms ruling that inaccessible restaurant website violated the Unruh Act and orders that restaurant website comply with WCAG 2.0 Level AA....more
9/11/2019
/ Americans with Disabilities Act (ADA) ,
Article III ,
Disability Discrimination ,
Dominos ,
Due Process ,
Popular ,
Public Accommodation ,
Regulatory Standards ,
Standing ,
Title III ,
Unruh Civil Rights Act ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: Congress Members recently renewed their efforts to take legislative action and urge the DOJ take regulatory action regarding physical and website accessibility, respectively....more
9/4/2019
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Equal Access ,
Legislative Agendas ,
Proposed Legislation ,
Public Access Laws ,
Public Accommodation ,
Regulatory Burden ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Websites
Seyfarth Synopsis: A SDNY judge dismissed a website accessibility lawsuit finding that the company mooted the allegations in the complaint by remediating the accessibility barriers and that the Court lacked personal...more
6/12/2019
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Dismissals ,
Kroger ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
As we had predicted, the number of website accessibility lawsuits (i.e. lawsuits alleging that plaintiffs with a disability could not use websites because they were not coded to work with assistive technologies like screen...more
Seyfarth Synopsis: The Department of Transportation says that an airline’s provision of an accessible alternative website violates the Air Carrier Access Act (ACAA), so are such websites an acceptable means of providing...more
12/31/2018
/ Air Carrier Access Act (ACAA) ,
Airlines ,
Americans with Disabilities Act (ADA) ,
Aviation Industry ,
Consent Order ,
Department of Transportation (DOT) ,
Disability Discrimination ,
Enforcement Actions ,
Public Accommodation ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: If ADA Title III federal lawsuit numbers continue to be filed at the current pace, 2018’s total will exceed 2017 by 30%, fueled largely by website accessibility lawsuit continued growth....more
Seyfarth Synopsis: The World Wide Web Consortium just published an expanded version of the WCAG to add 17 more requirements to address new technologies and other digital barriers for individuals with disabilities....more
Seyfarth Synopsis: California will soon have a new law requiring WCAG 2.0 AA compliance for state agencies’ websites by 2019.
On October 14, 2017 California Governor Jerry Brown signed into law AB 434, which will create a...more
12/4/2017
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
New Legislation ,
Posting Requirements ,
Public Accommodation ,
State and Local Government ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Seyfarth Synopsis: Two New York federal judges recently said that the ADA covers websites (even those not connected to a physical place) and one held that working on improving the accessibility of one’s website does not make...more
8/8/2017
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Grocery Stores ,
Hobby Lobby ,
Public Accommodation ,
Rewards Programs ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites ,
Winn-Dixie Stores
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
3/2/2017
/ Accessibility Rules ,
Americans with Disabilities Act (ADA) ,
Attorney's Fees ,
Banks ,
Confidentiality Agreements ,
Declaratory Relief ,
Demand Letter ,
Mootness ,
Retailers ,
Settlement ,
Title III ,
Web Content Accessibility Guidelines (WCAG)
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
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