News & Analysis as of

Accessibility Rules

SAP Announces New Pricing Model

Software giant’s new pricing model attempts to address customer concerns about liability exposure due to “indirect access.” SAP’s new pricing model is a big step forward in addressing the uncertainty and confusion relating...more

Can We Fix It? Eighth Circuit Answers: Yes, We Can!

by Jackson Lewis P.C. on

ADA Title III claims have become a trap for many unsuspecting businesses. The claims often lead to protracted litigation driven by attorney fees rather than the underlying issue. A recent decision from the U.S. Court of...more

Communications Accessibility in Games: What Game Developers Need to Know

by Kelley Drye & Warren LLP on

Starting January 1, 2019, any new video game software that is capable of accessing or using an advanced communications service (ACS) must include solutions to eliminate barriers to accessibility for people with disabilities....more

Reminder: FCC Accessibility Recordkeeping Certification Required by April 1, 2018

by Davis Wright Tremaine LLP on

Through a recent Public Notice, the FCC reminded entities that provide traditional telecommunications services, interconnected VoIP, advanced communications services (ACS) (which includes non-interconnected VoIP, electronic...more

Three Proactive Steps Hotel Operators Can Take to Mitigate ADA Financial Risks

While federal lawsuits alleging violations of the Americans with Disabilities Act are not new, recent news coverage of current and ongoing lawsuits underscore that major hotel flags are particularly attractive targets for...more

Are There Exemptions To The FHA’s Design And Construction Requirements For New Multifamily Housing?

by Fox Rothschild LLP on

A Fair Housing Defense blog reader asked me for some guidance on the design and construction requirement for new apartment communities (and if there are exceptions to these requirements). While this is a topic that is better...more

A New ADA on the Horizon? The House Says Yes.

by LeClairRyan on

On February 15, the House in a 225 to 192 vote passed legislation to amend the Americans with Disabilities Act. The ADA Education and Reform Act (H.R.620) would require plaintiffs hoping to sue businesses in federal court to...more

House Bill Would Limit Drive-By Lawsuits By Amending Title III Of Americans With Disabilities Act

by Jackson Lewis P.C. on

The House of Representatives has passed the “ADA Education and Reform Act” (HR 620) with an 85-percent vote in favor of passage (including 12 Democrats). Prior to filing a lawsuit under Title III of the Americans with...more

Title III Notice and Cure Bill Passes Initial Legislative Hurdle

The House of Representatives passed a bill on February 15, 2018, that requires Americans with Disabilities Act (ADA) Title III plaintiffs to provide businesses with notice and an opportunity to cure any barriers before filing...more

House Passes Bill To Amend Title III Of The ADA In Attempt To Curb Drive-By Lawsuits

by Seyfarth Shaw LLP on

Seyfarth Synopsis: HR 620 requires potential plaintiffs to provide businesses with notice of architectural barriers and give them an opportunity to remove them before filing suit. ...more

Key Considerations to Protect Against Insider Threats in Cybersecurity

Most companies have strengthened their cybersecurity defenses against outside hackers, but many often neglect the equal threat posed by those within their network walls — employees who already have privileged access to...more

ICBA Members and Community Banks Released From ADA Liability

by Stinson Leonard Street on

Many community banks received letters from advocacy group Access Now alleging that the banks' websites violated the Americans with Disabilities Act (ADA) for the visually impaired in provision of electronic information...more

Video Game Software Industry Seeks a Final Disabilities Access Waiver Extension

by Kelley Drye & Warren LLP on

The Federal Communications Commission (“Commission” or “FCC”) recently released a Public Notice seeking comment on a petition filed by the Entertainment Software Association (“ESA”) seeking a one year final extension of its...more

Disabled Access: A Chance to Fix Your Premises Before Being Sued?

by Akerman LLP - HR Defense on

New legislation seeks to level the playing field for businesses that have been targeted by “drive-by” claims alleging discrimination by customers with disabilities who may have never even gone to visit the place of public...more

Alert: When Will Video Game Software Need to Meet FCC Accessibility Requirements?

by Cooley LLP on

Since 2010, equipment and technology that allow consumers to communicate with each other using "advanced communications services" (ACS) has been required to provide access for consumers with disabilities. For video games,...more

Florida Lawmakers Take Action To Curb Access Suits, But Will It Work?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Florida’s recently-enacted House Bill 727 gives businesses a way to deter serial plaintiffs from suing them in Florida state courts....more

FCC Circulates Draft Order Authorizing ATSC 3.0 Broadcasting

by Davis Wright Tremaine LLP on

On October 26, 2017, the FCC released a draft Report and Order and Further Notice of Proposed Rulemaking that would permit TV broadcasters to use the next generation broadcast television transmission standard (“ATSC 3.0”) on...more

UPDATE ALERT: Accessibility for Ontarians with Disabilities Act

by Dickinson Wright on

We previously distributed two Client Alerts with respect to the new employer obligations under the Accessibility for Ontarians with Disabilities Act (“AODA”). ...more

FTC’s “Stick With Security” #6: Protect Remote Access To Your Network

by Snell & Wilmer on

On September 1, 2017, the FTC released its sixth “Stick with Security” principle, which highlighted the steps businesses can take to ensure that “outside entryways” into network systems are secure. Securing remote access to a...more

Lawyer for Advocates for Individuals with Disabilities Quietly Files More Serial ADA Lawsuits Targeting Valley-Area Hotels and...

by Jaburg Wilk on

The lawyer for the controversial Advocates for Individuals with Disabilities (AID), the organization that launched over a thousand nearly identical lawsuits against Arizona businesses last year, has quietly been filing a...more

Sued by an ADA Serial Litigant in Nevada? Help May Be On the Way!

On August 8, 2017, the Nevada attorney general moved to intervene in an action brought by Americans with Disabilities Act (ADA) serial litigant Kevin Zimmerman and to consolidate it with the more than 150 other pending...more

[Webinar] An Overview of Title III of the Americans with Disabilities Act: Public Accommodation and Growing Threat of Claims and...

by FordHarrison on

Complaints about access to restaurants and other retail establishments? Challenges to website design? Today Public Accommodation lawsuits are growing and plaintiffs’ attorneys are becoming more creative. While most companies...more

Florida Legislation Seeks to Reduce ADA Title III Accessibility Lawsuits

Many lawsuits have been filed in Florida under Title III of the Americans with Disabilities Act. These lawsuits seek to close non-compliant businesses, or require building and interior modifications to make them accessible,...more

DOJ Disables Titles II and III Website Regulations

The U.S. Department of Justice (DOJ) has placed its once-planned website accessibility regulations under Titles II and III of the Americans with Disabilities Act (ADA) on an inactive list, putting to rest speculation about...more

July 2017 FCC Meeting Recap: FCC Expands Video Described Programming Requirement

by Kelley Drye & Warren LLP on

In advance of its July Open Meeting, the Federal Communications Commission (Commission) unanimously adopted a Report and Order (Order) that revises the rules requiring certain video programming providers to make video...more

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