News & Analysis as of

Internet Retailers Retailers Americans with Disabilities Act (ADA)

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

California Appellate Court Rules That Purely Digital Retail Businesses Are Not Covered Under the Unruh Civil Rights Act

​​​​​​​On August 1, 2022, the Court of Appeal of the State of California, in Martinez v. Cot’n Wash, Inc., resolved two outstanding issues in the website accessibility field in a way that limits the reach of the Unruh Civil...more

BCLP

California Court of Appeals Holds Ecommerce Only Website Not Subject to ADA

BCLP on

The California Court of Appeals has held that websites operated by online only businesses are not “places of public accommodation” subject to Title III of the ADA, agreeing with the Ninth Circuit Court of Appeals, and...more

McAfee & Taft

DOJ issues web accessibility guidance, but falls short of setting specific standards

McAfee & Taft on

For several years, plaintiffs’ law firms have been hammering businesses with website accessibility lawsuits, arguing that all places of public accommodation, including online retailers and hospitality businesses, must have...more

Womble Bond Dickinson

Surf’s Up: New Wave of Novel Accessibility Litigation Hits Retailers

Womble Bond Dickinson on

During the past month, major retailers have been hit with a new wave of suits alleging that they discriminate against people with visual disabilities in violation of the Americans with Disabilities Act (“ADA”) by failing to...more

Ballard Spahr LLP

"Retail Rap" – Analysis of Business and Legal Trends in the Industry: July 2019

Ballard Spahr LLP on

From environmental concerns to accessibility in online shopping and the seemingly never-ending battle against counterfeiting, retail issues are making news—and presenting legal challenges to the industry. In this issue, we...more

Foley & Lardner LLP

Website Accessibility: An Issue for Health Care Companies

Foley & Lardner LLP on

Website accessibility under the Americans with Disabilities Act of 1990 (ADA) and Rehabilitation Act of 1973 (Rehabilitation Act) is an issue of which health care providers and other health care companies should be aware....more

Goulston & Storrs PC

No Relief in Sight from Website Accessibility Lawsuits

Goulston & Storrs PC on

In February 2017, we reported on a surge in website accessibility lawsuits brought under the Americans with Disabilities Act (“ADA”). This litigation trend has accelerated over the past year and shows no signs of slowing...more

Manatt, Phelps & Phillips, LLP

ADA Suit Against 1-800-Flowers.com Blooms

Demonstrating the minefield facing online retailers, the U.S. District Court, District of Massachusetts refused to dismiss an Americans with Disabilities Act (ADA) accessibility suit filed against 1-800-Flowers.com....more

BCLP

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

BCLP on

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

Manatt, Phelps & Phillips, LLP

ADA Litigation Continues With Recent Settlements

As the wave of Americans with Disabilities Act (ADA) litigation against online retailers continues, a handful of companies have settled lawsuits for failing to make their websites accessible to those with visual impairments....more

Brownstein Hyatt Farber Schreck

Is Your Website a Place of Public Accommodation under the ADA? The Plaintiffs’ Bar Says “Yes,” the Circuits Are Split, and the DOJ...

What do glasses retailer Warby Parker Retail, Inc., delivery service Grubhub, pizza company Domino’s and media streaming giant Netflix have in common, besides having significant online services? The answer is that they have...more

Goulston & Storrs PC

The Ascendency of Accessibility: Surge in Website Lawsuits Continues

Goulston & Storrs PC on

The proliferation of accessibility lawsuits under Title III of the Americans with Disabilities Act (ADA) has not abated. It is well-documented that ADA-related litigation increased by 37% from 2015 to 2016, which is...more

BCLP

Retailers Seek to Improve Website Accessibility Following Surge of ADA Claims

BCLP on

Retailers have faced a wave of demand letters and lawsuits recently alleging that their websites are inaccessible in violation of the Americans With Disabilities Act of 1990 (the “ADA”), despite the fact that the ADA and its...more

Gray Reed

No Crying Wolf: Retailer’s Website Held Not In Compliance With ADA

Gray Reed on

At the beginning of this year, we warned that there would be an uptick in American with Disabilities Act litigation related to website accessibility this year in a post entitled Does My Website Need to be ADA Compliant?  The...more

Faegre Drinker Biddle & Reath LLP

As Website/Mobile Accessibility Regulations Near Completion, Plaintiffs' Firms Target Retailers

Retailers and other companies are coming under attack by plaintiffs’ law firms alleging that their websites and mobile applications do not comply with the accessibility requirements of the Americans with Disabilities Act...more

Womble Bond Dickinson

New Urgent Question: Does Your Website Accommodate Disabled Users?

Womble Bond Dickinson on

Your business, school or enterprise has an obligation under the law to accommodate handicapped people in accessing your facilities. As more business moves to the Web, the U.S. Justice Department is increasingly finding that...more

Goulston & Storrs PC

Does Your Website or Mobile App Discriminate?

Goulston & Storrs PC on

Are you confident that your business complies with federal anti-discrimination laws? If you offer goods or services to the public through the Internet, the answer may not be as simple as you think. Increasingly, lawsuits...more

Manatt, Phelps & Phillips, LLP

Employment Law - January 2015

U.S. Supreme Court: Security Screenings Not Compensable - Why it matters: In a closely watched case, the U.S. Supreme Court unanimously reversed the Ninth U.S. Circuit Court of Appeals to rule that the time spent by...more

Orrick, Herrington & Sutcliffe LLP

The Next Frontier in ADA Litigation: Website and App Access for the Disabled

For the last several years, consumers have increasingly turned to online shopping as an alternative to traditional "brick and mortar" stores. Some reports showed that "Cyber Monday" sales figures beat out those for "Black...more

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

‘Tis the (Retail) Season, Part III: Five Tips for Hiring Seasonal Workers

It’s that time of year once again! Retailers are gearing up for the holidays and hiring seasonal workers in droves. Unfortunately, the flurry of activity and the common misperception that seasonal workers have a different...more

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