News & Analysis as of

Website Owner Liability

Fisher Phillips

Do Dark Patterns Lurk on Your Website? 4 Steps Businesses Should Take as Regulators Focus on How Privacy Rights Are Presented on...

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Businesses with a website beware: California regulators just warned that the law prohibits your website from making website users jump through hoops or otherwise confusing them as they try to exercise their privacy rights,...more

Locke Lord LLP

NY Attorney General Issues Guides for ‎Website Privacy Controls and Tracking

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On July 30, 2024, New York Attorney General Letitia James announced two new privacy guides that could affect your business, a Business Guide to Website Privacy Controls and a Consumer Guide to Web Tracking....more

Amundsen Davis LLC

Website Accessibility Lawsuits Are on the Rise – Are You Compliant?

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There are various state and federal laws that prohibit discrimination against disabled individuals. The best known of these is the Americans with Disabilities Act (“ADA”), which requires that places of public accommodation be...more

Foster Garvey PC

ADA and Online Accessibility: Understanding Compliance for Websites

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The Americans with Disabilities Act (ADA) of 1990 safeguards the rights of individuals with disabilities, ensuring they are not discriminated against in daily life. This includes prohibiting state and local governments, as...more

Conn Maciel Carey LLP

[Webinar] ADA Website Compliance Obligations for Businesses - October 23rd, 1:00 pm EST

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As in years past, the number of lawsuits filed against hotels, restaurants, and other places of public accommodation alleging that their websites violate the Americans with Disabilities Act (“ADA”) has continued to rise...more

Fisher Phillips

Feds Order Software Provider to Pay $16M: 3 Compliance Tips for Businesses on Website Data Collection and Targeted Ads

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Federal officials recently banned a software provider from selling, disclosing, or licensing any web browsing data for advertising purposes – and ordered to pay $16.5 million. The Federal Trade Commission (FTC) alleged that...more

DarrowEverett LLP

Proactive Protections Against CIPA Mass Arbitrations? Updated Terms of Use

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Businesses operating public facing websites that employ data analytics software to track users’ website interactions must be aware of a novel use of the California Information Privacy Act (“CIPA”) that has taken the...more

Hogan Lovells

New DOJ accessibility rule for gov. websites and apps, third-party providers of online services

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On June 24, 2024, a new DOJ rule will go into effect requiring state and local entities and their private contractors to comply with WCAG 2.1 AA digital accessibility standards for web content and mobile apps made available...more

Seyfarth Shaw LLP

Federal Court Website Accessibility Lawsuit Filings Took a Dip in 2023

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Seyfarth Synopsis: Plaintiffs filed 2,794 website accessibility lawsuits in federal court in 2023 – a 14% decrease from 2022....more

BCLP

No General Obligation on Website Hosts to Monitor the Data They Transmit and Store

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In a ruling dated 27 March 2024 (Cour de cassation, 27 March 2024, no. 22-21.586), the Cour de cassation reviewed the obligation of website hosts to monitor the content they host....more

Ballard Spahr LLP

DOJ Final Rule Sets Deadline for State and Local Governments’ Online Application Accessibility

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The Department of Justice’s (DOJ) final rule on the accessibility of web content and mobile apps under Title II of the Americans with Disabilities Act (ADA) goes into effect June 24, 2024. With limited exceptions, the rule...more

Arnall Golden Gregory LLP

Navigating California’s Surge in CIPA Cases: How to Safeguard Websites Using Third-Party Tech

California continues to grapple with a significant surge in lawsuits and arbitration demands aimed at businesses operating websites employing technology to monitor online activities. These cases hinge on the California...more

Klein Moynihan Turco LLP

ADA Compliance And Retail Websites

For several years, consumers have flooded the Western District of Pennsylvania (“WDPA”) with Americans with Disabilities Act (“ADA”) compliance lawsuits, alleging that companies are violating the ADA because their websites...more

Kelley Drye & Warren LLP

DOJ Issues Website and App Accessibility Requirements for State and Local Governments

Website accessibility lawsuits continue to be big business for plaintiffs’ attorneys, with thousands of lawsuits filed every year. Part of the problem is the lack of clear guidance from the government in this area, given that...more

Manatt, Phelps & Phillips, LLP

DOJ Finalizes Regulations for Accessibility of State and Local Government Websites

Could Similar Regs for Commercial Websites Be Next? The Attorney General has signed off on regulations for the accessibility of state and local government websites and apps to people with disabilities, which will take...more

Fisher Phillips

Your Third-Party Website Vendors Might Be Exposing Your Business to a New Theory of Liability: 3 Steps You Should Consider Right...

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What do a nearly 60-year-old statute on wiretapping and your website have in common? Enough to potentially impose liability on your organization, according to recent lawsuits. We have seen an astronomical increase in...more

Bond Schoeneck & King PLLC

California Courts Continue to See Rise in CIPA Litigation Involving Tracking Technologies and Website Usage

The California Invasion of Privacy Act (CIPA) was originally passed in 1967 to curb unlawful telephone wiretapping. Now, in the age of website tracking technologies, this outdated law is being wielded by plaintiffs’ attorneys...more

Troutman Pepper

DOJ Releases Final Rule on Web Content Accessibility Requirements for State and Local Governments Under Title II of the ADA

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On April 8, the U.S. Department of Justice (DOJ) released its Final Rule to revise existing regulations implementing Title II of the Americans with Disabilities Act (ADA). This Final Rule clarifies the obligations of state...more

Seyfarth Shaw LLP

DOJ Issues Final Rule Under Title II of the ADA for State and Local Government Websites

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Seyfarth Synopsis:  The DOJ issued final regulations under Title II of the ADA requiring state and local government websites and mobile apps to conform to WCAG 2.1 AA in two or three years, with few exceptions....more

CDF Labor Law LLP

Tsunami of CIPA Class Actions Storming California Businesses

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California businesses are experiencing a tsunami of demands and complaints alleging class action status that applies the well-established 1960’s California Invasion of Privacy Act (CIPA) to the internet’s new technology. CIPA...more

Venable LLP

Ad Law Tool Kit Show – Episode 10 – Website Accessibility

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Listen to Episode 10 of our podcast, the Ad Law Tool Kit Show. In this episode, Karel Mazanec and Nicholas Reiter talk to host Shahin Rothermel about website accessibility. Check out the episode....more

Guidepost Solutions LLC

FTC Proposes Strengthening Children’s Privacy Rule

On January 11, 2024, the Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking that would fortify the Children’s Online Privacy Protection Act (COPPA). This move underscores a significant shift in the...more

Fisher Phillips

Click, Click, Sued: Are Your School’s Websites and Apps ADA Compliant?

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With just the click of a button, your school’s website or mobile app could become the source of a disability discrimination claim. Digital accessibility lawsuits are on the rise – and education is one of the most targeted...more

Eversheds Sutherland (US) LLP

In loco parentis? COPPA and sweeping changes to tech companies’ responsibilities to keep kids safe online

On December 20, 2023, the Federal Trade Commission (FTC) announced a Notice of Proposed Rulemaking (NPRM or Proposed Rule) to update its Children’s Online Privacy Protection Act (COPPA) rule (the Rule) for the first time...more

Seyfarth Shaw LLP

SDNY Judge Gets Tough on Serial Website Plaintiffs

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Seyfarth Synopsis: SDNY Judge Mary Kay Vyskocil dismisses with prejudice a website accessibility lawsuit with vague allegations about plaintiffs’ standing....more

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