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

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

ADA Title III Federal Lawsuits Numbers Are Down But Likely To Rebound in 2023

Seyfarth Synopsis: The number of ADA Title III lawsuits filed in federal court dropped by 24 percent, the lowest since 2017, and California is no longer the center of the ADA Title III universe....more

Plaintiffs Set a New Record for Website Accessibility Lawsuit Filings in 2022

Seyfarth Synopsis: Plaintiffs filed 3,225 website accessibility lawsuits in federal court in 2022 – a 12% increase over 2021....more

2022 ADA Title III Mid-Year Federal Lawsuit Filings Drop 22% Compared To 20212022 ADA Title III Mid-Year Federal Lawsuit Filings...

Seyfarth Synopsis: In this blog we examine data showing an unexpected drop in the number of Title III Americans with Disabilities Act suits filed so far in 2022, particularly in California....more

Website Accessibility Regulations On The Horizon: DOJ To Start Title II Rulemaking For State and Local Governments Next Year

Seyfarth Synopsis: Department of Justice (DOJ) announced its intent to begin the rulemaking process to enact website accessibility regulations applicable to state and local governments under Title II....more

2022 ADA Title III Mid-Year Federal Lawsuit Filings Drop 22% Compared to 2021

The year 2021 was a blockbuster for ADA Title III lawsuits filed in federal court, with over 11,452 filings. At the end of June 2021, the lawsuit count was 6,304. This year, the number of lawsuits filed by the end of June...more

Website Accessibility Plaintiff Loses After Federal Trial On Standing and Other Grounds

Seyfarth Synopsis: A California federal court decided after a trial that a blind plaintiff did not have standing to bring a lawsuit about an inaccessible website under Title III of the ADA, and California’s Unruh Act only...more

Federal Website Accessibility Lawsuits Increased in 2021 Despite Mid-Year Pandemic Lull

Seyfarth Synopsis: ADA Title III website accessibility lawsuits filed in federal courts in 2021 jumped 14% over 2020, besting the 12% 2020 increase aided by a huge November 2021 spike in filings....more

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

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

ADA Title III Federal Mid-Year Lawsuit Numbers at an All-Time High

Seyfarth Synopsis: ADA Title III lawsuit filings in federal courts on pace for a record year. Regular readers will doubtless recall that 2020 was a down year (but just barely) for lawsuits filed in federal court alleging...more

Winn Dixie Saga Continues: Eleventh Circuit Actively Considering Rehearing Request

Seyfarth Synopsis: A recent order from the Eleventh Circuit signals that the court is seriously considering a rehearing in Gil v. Winn-Dixie....more

Federal Website Accessibility Lawsuits Increased in 2020 Despite Mid-Year Pandemic Lull

Seyfarth Synopsis: ADA Title III website accessibility lawsuits filed in federal courts in 2020 jumped a surprising 12% over 2019, in spite of a mid-year pandemic dip in filings....more

Renewed Attempt at ADA Web Accessibility Legislation

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

Criticisms of “Quick-Fix” Website Accessibility Products Highlighted in New Lawsuit

Seyfarth Synopsis: A recently-filed lawsuit recently contains a lengthy critical report by a digital accessibility consultant of accessibility issues created by an accessibility widget. ...more

Crystal Ball 2021: Our Predictions for the ADA Title III Legal Landscape

Seyfarth Synopsis: We predict 2021 will be a very busy year for ADA Title III lawsuits.  Here is our take on the types of cases public accommodations can expect to face....more

How Will DOJ Enforce Title III of the ADA in a Biden Administration?

Seyfarth Synopsis: A Biden Administration DOJ will likely bring higher engagement and more aggressive enforcement on ADA Title III issues....more

A Second California State Court Judge Says the ADA Covers Online-Only Businesses

Seyfarth Synopsis: California state courts are becoming an even friendlier jurisdiction for plaintiffs filing lawsuits about allegedly inaccessible websites....more

California State Courts Continue to Issue Pro-Plaintiff Decisions in Website Accessibility Cases

Seyfarth Synopsis: A second California Court of Appeal rules that websites with a nexus to a physical place of business are covered by Title III of the Americans with Disabilities Act, while a California trial court insists...more

The Curve Has Flattened for Federal Website Accessibility Lawsuits

We’ve sheltered in place and finished our tally. The numbers are in for total website accessibility lawsuit filings in federal courts in 2019, they show a small decrease from 2018....more

2019 Was Another Record-Breaking Year for Federal ADA Title III Lawsuits

Seyfarth Synopsis: The ADA Title III federal lawsuit numbers in 2019 topped 11,000 for another all-time record. Plaintiffs filed at least 11,053 ADA Title III lawsuits in federal court in 2019 — 890 (or 8.8%) more than in...more

Federal Website Access Lawsuit Numbers Increase 7 Percent in 2019, With Possible Bump from Supreme Court Denial of Cert in...

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

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