If you’ve ever received a demand letter alleging that your company’s website isn’t accessible to the blind or visually-impaired, it’s likely that the claimant’s attorney attached a report outlining a number of accessibility errors on the website. That’s not surprising because most – if not all – major websites are likely to have some errors.
California Appellate Court Holds in Favor of a Digital-Only Retailer Under Both the ADA and Unruh Act
Over the past several years, plaintiffs have filed several lawsuits around the country, alleging that retail websites that were not accessible to blind and visually impaired individuals constituted a violation of the Americans with Disabilities Act. This was perhaps most prevalent in California, which has its own civil rights statute, the Unruh Act, that provides
DOJ Guidance on Website Accessibility Provides Little Clarity
Website accessibility lawsuits continue to be big business for plaintiffs’ attorneys. Every year since 2018, over 2,000 of such suits have been filed in federal courts, and many other suits have been threatened and settled outside of the public eye. Part of the problem is the lack of clear guidance in this area. Although settlements
Eleventh Circuit Reverses Website Accessibility Decision (and Congress Considers Action)
In recent years, plaintiffs’ attorneys have found that filing website accessibility cases can be a lucrative business model. By doing a quick scan of a website and then copying and pasting from other complaints, these attorneys can file a complaint with minimal effort. Because the legal requirements in this area are murky and settling is
Hope for Business Operators With Website Accessibility Cases In New York?
A decision from Judge Preska in the Southern District of New York may change the trajectory of website accommodation cases in New York.
Website Accessibility Cases in New York Prior To This Decision
In 2017, Judge Weinstein in the Eastern District of New York denied the motion to dismiss in Blick Art, issuing a
2017 Recap
Most Popular Ad Law Access Posts of 2017
As reported in our Ad Law News and Views newsletter, Kelley Drye’s Advertising Law practice posted 106 updates on consumer protection trends, issues, and developments to this blog in 2017. Here are some of the most popular:
Court Dismisses Website Accessibility Suit Over Lack of Connection to Store
As we noted earlier this week, a handful of law firms have filed hundreds of lawsuits – and sent many hundreds of letters threatening lawsuits – over website accessibility issues. This has been a lucrative business for these firms. Many of these suits and letters are essentially cut-and-paste jobs, and the recipients often decide
Court Relies on Due Process Argument to Dismiss Website Accessibility Suit
Over the past few years, a handful of law firms have filed hundreds of lawsuits – and sent many hundreds of letters threatening lawsuits – over website accessibility issues. This has been a lucrative business for these firms. Many of these suits and letters are essentially cut-and-paste jobs, and the recipients often decide to quickly
Surprise!? DOJ Delays Web Accessibility Rulemaking (Yet Again)
Website accessibility seems to be the Wild, Wild, West of the World Wide Web, and it is not going to get tamer anytime soon. Since July 2010, the DOJ has sought to issue a proposed rulemaking setting standards for website accessibility under the Americans with Disabilities Act (“ADA”). After numerous delays, we thought we had
California Court Grants Summary Judgment in Website Accessibility Case
As we’ve noted in previous posts, there has been an increase in lawsuits alleging companies have violated the Americans with Disabilities Act because their websites aren’t accessible to the blind. This week, a California court granted summary judgement in one of these suits.
Last year, a plaintiff filed a suit against Colorado Bag’N Baggage,