News & Analysis as of

Website Accessibility

ADA Title III Lawsuits Increase by 14% Percent in 2017 Due Largely to Website Access Lawsuits; Physical Accessibility Legislative...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The number of federal ADA Title III lawsuits continue to surge in 2017, fueled largely by website accessibility claims; while legislative reform efforts continue to mitigate the physical accessibility...more

Consent Decree in BarBri Case Includes Compliance With WCAG Standards for Digital Content

by Ballard Spahr LLP on

BarBri, Inc., a provider of review courses and materials for law school graduates preparing for the bar exam, earlier this month entered into a consent decree to resolve claims that its online and app-based content was not...more

EU Retail News - January 2017

by Bryan Cave on

Competitive markets and squeezed margins are forcing retailers to be more innovative in their advertising efforts. More frequently, we are seeing advertisements for "free trial" periods for goods and services, often leading...more

DOJ Drops Plans for ADA Guidance

It’s official: After years of waiting, the Department of Justice (DOJ) will not provide online retailers with guidance on the boundaries of website accessibility under the Americans with Disabilities Act (ADA)....more

Website Accessibility Cases Proceed Despite Absence of Regulations

by Akerman LLP - HR Defense on

Recent trends indicate that ’tis always the season for web accessibility litigation, so with the new year, you should take a new look at your website. Businesses around the country, and especially in Florida, are discovering...more

Labor & Employment Newsletter - January 2018

by Hinshaw & Culbertson LLP on

Website accessibility lawsuits continue to increase nationwide. Nearly every business sector has faced such lawsuits. In 2017, Florida ranked first in the number of website accessibility suits filed in federal court. Because...more

Is Your Company Website Sufficiently Accessible to the Disabled?

by Nossaman LLP on

ADA Title III Litigation Continues to Increase - Over the last two years, there have been an increasing number of lawsuits filed over the alleged failure of websites to accommodate persons with disabilities. According to a...more

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

by Bryan Cave 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

2017 Website Accessibility Lawsuit Recap: A Tough Year for Businesses

by Seyfarth Shaw LLP on

Seyfarth Synopsis: 2017 saw an unprecedented number of website accessibility lawsuits filed in federal and state courts, and few courts willing to grant early motions to dismiss....more

ICBA Negotiates Settlement with Plaintiff Group on Alleged ADA Liability

by Bryan Cave on

Numerous community banks that had received demand letters from the advocacy group Access Now alleging that their websites and mobile apps are inaccessible in violation of Title III of the Americans With Disabilities Act (the...more

Getting the Dreaded Plaintiff's Letter: Businesses Being Sued for the Accessibility of Their Websites

A rash of lawsuits are being filed around the country against businesses and retailers, claiming their websites are not accessible to those with visual or hearing impairments. These lawsuits are being filed under Title III of...more

DOJ Officially Pulls the Plug on Regulations Already on Life Support

In a move that surprises no one, the Department of Justice (DOJ) has announced today, December 26, 2017, that it has officially withdrawn its two Advanced Notices of Proposed Rulemaking (ANPRM) related to website...more

DOJ Nixes All Pending ADA Rulemakings, Including Website Access Rules

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Justice Department withdraws pending rulemakings for accessible websites, furniture and non-fixed equipment.The current Department of Justice’s (DOJ) regulatory approach to Title III of the ADA is yet...more

SuperVision - Labor & Employment Law Insights - December 2017

The Editors' Note - Welcome to the fourth quarter edition of SuperVision, the quarterly e-newsletter published by Spilman's Labor & Employment Group. With the recent headlines dominated by stories of individuals coming...more

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

Surf’s Up! Don’t Become The Next Victim Of A Surfing Suit

by Fisher Phillips on

The past few years have seen a steep increase in litigation brought against hospitality businesses under Title III of the Americans with Disabilities Act (ADA). These suits often contend that certain aspects of a building,...more

California Passes Website Accessibility Requirements Applicable To State Agencies

by Seyfarth Shaw LLP on

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

Food & Beverage Litigation Update | December 2017

Subway Sweepstakes Ads Lacked Adequate Disclosures, CARU Finds - After reviewing an ad for Subway’s “Fresh Fit for Kid’s Meal” featuring premium toys and offering a sweepstakes for a tablet, the Children’s Advertising...more

Increased Focus For School Website Accessibility

by Roetzel & Andress on

Recently, website accessibility has become a hot topic for schools across the country. Over the last year, the United States Department of Education, Office of Civil Rights (OCR), has escalated the legal expectation that...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

EU Retail News - November 2017

by Bryan Cave on

From 2 January 2018, the rules on how you can portray under-18s in advertising will get stricter. Marketing communications in non-broadcast media (including newspapers, direct marketing communications, posters, online...more

Courts Continue to Weigh in on the Issue of Website Accessibility

by Bryan Cave on

Courts across the country continue to weigh in on the issue of website accessibility. Earlier this month, the U.S. District Court for the District of New Hampshire denied a Motion to Dismiss filed by online food delivery...more

Online Retailers Beware: Court Holds Website Violates ADA Despite Lack of Physical Store

by Bryan Cave on

Courts across the country continue to weigh in on the issue of website accessibility. Last week, the U.S. District Court for the District of New Hampshire denied a motion to dismiss filed by online food delivery servicer Blue...more

California Grocer: The “Wild West” of ADA Website Litigation.

by Downey Brand LLP on

Much of this increase has been driven by litigation focused on the accessibility of websites. Meanwhile, grocers have become more dependent on e-commerce and have adopted technology allowing customers to order groceries and...more

Location, Location, Location: New Website Accessibility Decision May Encourage Forum Shopping

On November 8, 2017, the U.S. District Court for the District of New Hampshire joined the ranks of the federal courts that have held that a website itself is a place of public accommodation—even if the business that maintains...more

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