Since July 2010, the DOJ has sought to issue a proposed rulemaking addressing the applicability of the Americans with Disabilities Act (“ADA”) to private retailers offering goods and services to the public online.  The rulemaking has been delayed several times, and was most recently scheduled for a Spring 2016 publication.

However, on November 19, 2015,

The DOJ recently announced a settlement to remedy allegations that the website, www.peapod.com, and corresponding mobile app are inaccessible to those with disabilities in violation of Title III of the Americans with Disabilities Act (“ADA”).  Consumers use the Peapod website and app for online grocery shopping and delivery services.  Peapod does not have any physical