News & Analysis as of

Retailers Websites Americans with Disabilities Act (ADA)

UB Greensfelder LLP

ADA Website Accessibility Lawsuits on the Rise: What Businesses and Restaurants Need to Know

UB Greensfelder LLP on

Businesses across the United States, particularly restaurants and retailers, are facing a sharp increase in lawsuits alleging violations of the Americans with Disabilities Act (ADA) due to inaccessible websites and mobile...more

Sheppard Mullin Richter & Hampton LLP

Website Accessibility Litigation Continues to be Costly and There is No Easy Fix

Retailers continue to be targeted by website accessibility lawsuits. Unfortunately, the legal landscape remains unpredictable and it varies greatly based on what jurisdiction a retailer is sued in. There remains no easy fix...more

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

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

[Webinar] Accessibility Outside the Box - June 8th, 12:00 pm - 1:00 pm EDT

Womble Bond Dickinson on

Waves of recent Americans with Disabilities Act litigation have shone the spotlight on the accessibility of everything from websites to gift cards. This has led some businesses to think more creatively about how they can both...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says Retailer's Website Does Not Have to Comply With the ADA

Over the past several years, plaintiffs lawyers have started a cottage industry that threatens and/or sues businesses on a class action basis using a named disabled person who alleges that he or she was unable to access the...more

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

Eleventh Circuit Holds Websites Not Places of Public Accommodation Under ADA, Rejects ‘Nexus’ Standard

On April 7, 2021, the Eleventh Circuit Court of Appeals rendered its long-awaited opinion in Gil v. Winn-Dixie Stores, Inc., reversing a trial court’s decision against Winn-Dixie, holding that websites are not places of...more

BCLP

Website Accessibility Alert: Eleventh Circuit Court of Appeals Issues Important Split Decision in Winn-Dixie Website Action

BCLP on

Businesses with an online presence should take note that the United States Court of Appeals for the Eleventh Circuit has held - in a split decision - that websites are not places of public accommodation under Title III of the...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

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

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

Downey Brand LLP

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

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

Seyfarth Shaw LLP

Website Accessibility Lawsuit Filings Still Going Strong

Seyfarth Shaw LLP on

Seyfarth Synopsis: The number of federal lawsuits alleging inaccessible websites continues to increase, along with the number of law firms filing them. Businesses remain well-advised to seek advice from counsel experienced...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

Perkins Coie

Top 10 Litigation Risks and Trends for Retailers

Perkins Coie on

With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims...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

Benesch

California Ruling On Website Accessibility Under The ADA May Lead To More Litigation

Benesch on

A recent decision out of a California superior court (Davis v. BMI/BND Travelware) ruled that a website operator was liable to a visually-impaired plaintiff for operating a website that was not accessible under the Americans...more

Perkins Coie

Wrapping Paper Series Updates

Perkins Coie on

2015 - The Price of Customer Loyalty: Rewards Programs and Sales and Use Tax Issues - 09.21.2015 - Retailers and other businesses use loyalty and rewards programs to draw in customers throughout the year. However,...more

Womble Bond Dickinson

New Urgent Question: Does Your Website Accommodate Disabled Users?

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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

CMCP - California Minority Counsel Program

CA Supreme Court: New Duties for Businesses Regarding Having Defibrillators on-site; and Whether Anti-Discrimination Statutes Also...

California Rule of Court 8.548 permits the Ninth Circuit to certify questions of California state law to the California Supreme Court. On average, this happens a handful of times per year. Over the past five years, the...more

Perkins Coie

ADA Claims Coming for Retailers This Holiday Season for Inaccessible Websites

Perkins Coie on

The Department of Justice takes the position that websites are covered by the Americans with Disabilities Act (ADA). More claims are being filed by plaintiffs targeting retailers whose websites are inaccessible to consumers...more

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