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
DC District Court Holds that eBay Can’t Compel Arbitration Based on Later-Amended Terms
In July, a DC District Court ruled that eBay could not compel a user of its services to arbitrate a dispute, even though the user had agreed to by bound by eBay’s User Agreement. That Agreement stated that the company had a right to modify the terms, and eBay had later modified those terms to
Clarity Coming Soon About What New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”) Actually Requires
Remember that wave of class actions under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. § 56:12-14 et seq., that hit New Jersey courts earlier this year, claiming that website terms of use contained unlawful provisions? The motion to dismiss briefing is well underway, and online merchants should soon have some clarity
The Pleading Bar In False Advertising Cases Has Been Raised
The Fourth Circuit recently issued a decision affirming a district court’s order dismissing a false advertising claim against GNC and Rite Aid relating to several supplement products containing glucosamine and chondroitin, as well as other ingredients. This case raises the bar for plaintiffs at the pleading stage because they now must allege that “all reasonable