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Americans with Disabilities Act (ADA) Gift-Cards

Burr & Forman

Federal Appeals Court Chastises Cookie-Cutter ADA Title III Complaints and Tactics

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In Calcano v. Swarovski North America Ltd., the Second Circuit Court of Appeals consolidated five ADA Title III actions brought by the same law firm for alleged failures to offer braille gift cards. After consolidating the...more

Jackson Lewis P.C.

Second Circuit Issues Highly Anticipated Decision on Title III Braille Gift Card Appeal, Affirming Dismissal

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On June 2, 2022, the Second Circuit issued a decision in Calcano, et al. v. Swarovski North America Ltd., et al., affirming dismissal of five consolidated cases brought by visually impaired plaintiffs who alleged various...more

Seyfarth Shaw LLP

Second Circuit Blasts Mass-Produced, “Mad-Libs-Style” ADA Title III Complaints and Affirms Dismissal of Four Braille Gift Card...

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Second Circuit issues scathing decision directed at “mad lib”-style serial ADA Title III complaints, and affirms-on the basis of standing-the dismissal of four lawsuits alleging that retailers violated the ADA by not...more

Fisher Phillips

ADA Title III Lawsuits Find a New Target: Gift Cards

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Title III of the Americans with Disabilities Act, requiring equal access to places of public accommodation, has often been abused by plaintiffs and attorneys looking to turn any conceived minor violation of building standards...more

Seyfarth Shaw LLP

Another New York Judge Says the ADA Does Not Require Braille Gift Cards

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Seyfarth Synopsis:  Businesses get another win in a lawsuit demanding gift cards with Braille....more

Eversheds Sutherland (US) LLP

Tender not accepted – court rejects copy-cat ADA gift card suits

Tender not accepted – court rejects copy-cat ADA gift card suits - Since late last year, hundreds of class actions have been filed against retailers and restaurant groups alleging violations of Title III of the Americans...more

Jackson Lewis P.C.

In Wave of Opinions, Court Rejects ADA Requirement For Braille Gift Cards

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On Friday, April 23, 2020, Judge Gregory Woods of the Southern District of New York issued a first of its kind decision rejecting the argument that ADA Title III requires business that offer gift cards to also offer them in...more

BCLP

Motions to Dismiss Granted in ADA Gift Card Cases

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A New York federal court has granted motions to dismiss in four separate cases alleging that the failure to offer gift cards in Braille violates the ADA. The rulings by U.S. District Court Judge Gregory H. Woods (Southern...more

Blank Rome LLP

Banana Republic’s Dismissal of ADA Gift Card Lawsuit Is a Victory for Business, but Suggests Importance of Properly Responding to...

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Last week, a Southern District of New York judge held that retailers cannot be sued under Title III of the Americans with Disabilities Act (“ADA”) for not offering Braille gift cards. The Court’s thorough and well-reasoned...more

Akin Gump Strauss Hauer & Feld LLP

“Banana Republic Does Not Sell Bananas”: Court Dismisses ADA Gift Card Claims

- Retailers and restaurant chains are defending against mass litigation in the New York federal courts that challenges gift cards under the ADA and state and local laws. - Judge Woods in the Southern District of New York...more

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

Federal Judge Dismisses Two Braille Gift Card Cases in First Decisions to Tackle Novel Issue

In handing down the first decisions of their kind, a federal district court in New York rejected two plaintiffs’ claims that retailers, restaurants, and other places of public accommodation were required to offer Braille gift...more

Seyfarth Shaw LLP

Businesses Get Early Victory in Lawsuit Demanding Braille Gift Cards

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Seyfarth Synopsis: In a first-in-the-nation decision, Judge Gregory Woods of the Southern District of New York ruled that Title III does not require public accommodations to manufacture or sell Braille gift cards....more

Seyfarth Shaw LLP

ADA TITLE III Litigation: A 2019 Review And Hot Trends For 2020

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Seyfarth synopsis: ADA Title III lawsuits flooded federal courts in 2019 and will likely continue to do so in 2020 with new theories for the courts to consider. ...more

Tarter Krinsky & Drogin LLP

The Americans With Disabilities Act And Gift Cards

Over the last few years, restaurants, retailers and other businesses have been inundated with lawsuits regarding the accessibility of their websites and mobile applications and the need to comply with the Americans with...more

Epstein Becker & Green

The Eastern District of New York Provides Businesses an Early Holiday Gift in Strictly Construing Standing Requirements in ADA...

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For businesses growing weary of the seemingly perpetual wave of serial ADA claims (e.g., website accessibility; gift card accessibility), thanks to a recent decision issued by a federal judge in the U.S. District Court of the...more

Troutman Pepper

New ADA Lawsuits Challenging Gift Card Issuers Inundate New York Federal Dockets

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Over the last several weeks, a variety of major retailers, restaurant groups, pharmacies and other merchants have been hit with a deluge of putative class action lawsuits alleging violations of the Americans with Disabilities...more

Manatt, Phelps & Phillips, LLP

Next Trend In ADA Suits: Gift Cards

Here’s the latest fad in Americans with Disabilities Act (ADA) lawsuits against retailers: demanding that gift cards contain braille. Dozens of putative class actions were filed in New York in October accusing retailers...more

Goulston & Storrs PC

The Nightmare Before Christmas? Gift Card Litigation Arrives for the Holidays

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It is a little-known fact that, in 1994, Blockbuster video was the first store to display pre-paid gift cards for sale. Unlike VHS rentals, the gift card industry has only grown in popularity. Gift cards from major retailers...more

Epstein Becker & Green

As the Holidays Approach, the Latest Wave of ADA Cases Challenge the Absence of Braille Gift Cards

Epstein Becker & Green on

While the seemingly endless wave of website accessibility cases filed by serial plaintiffs shows no signs of abating (a situation not helped by the United States’ Supreme Court’s denial of Domino’s Petition for Certiorari...more

Eversheds Sutherland (US) LLP

Don’t look a gift (card) in the mouth – next wave of ADA accessibility litigation targets gift cards

Multiple retailers and restaurant groups are facing a spate of recently filed class actions alleging violations of the Americans with Disabilities Act (ADA) for their failure to offer gift cards containing Braille that are...more

ArentFox Schiff

Why Retailers Should Think Twice Before Issuing Gift Cards This Holiday Season

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Retailers that issue gift cards should be aware of a recent wave of class action lawsuits filed under the Americans with Disabilities Act (ADA) at the end of October. Thirty-three class action lawsuits were filed against a...more

Littler

New Class Action Suits Claim Stores Must Supply Gifts Cards With Braille

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Since October 24, 2019, blind and vision-impaired individuals have filed more than ninety lawsuits claiming that the public accommodations provisions of the Americans with Disabilities Act (Title III) and its state and local...more

Seyfarth Shaw LLP

New York Federal Dockets Flooded With Cases Alleging That Failing To Provide A Gift Card With Braille Violates The ADA

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Seyfarth Synopsis: Enterprising plaintiffs in New York are suing more than 100 businesses under a new theory – – that ADA Title III requires Braille gift cards....more

Fox Rothschild LLP

Must Gift Cards Be In Braille? Restaurants And Retailers Targeted In Latest Wave Of ADA Litigation

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Restaurants and retailers working to ensure their physical locations and websites are accessible and comply with the Americans with Disabilities Act (ADA) may now have another issue to contend with – gift cards. Recently,...more

Bond Schoeneck & King PLLC

The New Class Action Risk: Gift Cards Without Braille

There has been a very recent wave of class action lawsuits against restaurants, retail merchants, and other businesses claiming discrimination against the visually impaired and blind for failure to print braille information...more

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