The way we build digital products is broken.Mass digitization of the economy has afforded many people improved access, comfort, convenience, speed and much more. Whether that’s working remotely, shopping for groceries from the comfort of your home or accessing healthcare, it’s all possible bec...

The historical uncertainty regarding whether businesses must have websites and mobile applications that are accessible to persons with disabilities has been, in part, the result of the absence of regulatory direction as to whether such digital assets are covered by Title III of t...

The U.S. Department of Justice (“DOJ”) recently released guidance on Americans with Disabilities Act (“ADA”) compliance for websites. In recent years thousands of cases have been filed alleging that websites are inaccessible to the disabled because they are incompatible with scre...

Believe it or not, the moment you launched your new website approximately one billion people couldn’t easily navigate it. Over the past three years, WebAIM conducted an accessibility evaluation of t...

The number of U.S. web accessibility lawsuits grows 15% in 2021, reaching more than 10 such cases filed every day.New research shows the ways lackluster—or nonexistent—accessibility features on retailer websites continue to make retailers vulnera...

Recently there was a backlash within the web development community against the Paralympics 2020 #wethe15 campaign when their website was found to have several basic accessibility issues, including missing alt tags. While some of the criticism was a...

The trend toward conducting business online has gained even stronger momentum as the economy continues to adapt to the challenges of the COVID-19 pandemic. But an increased digital presence carries the potential for increased legal risk. Witness the wave of lawsuits fil...

According to the CDC, as much as 25% of the population have a disability that may exclude them from using your website.That is one in four people who may struggle to interact with your site.But it does not have to be that way.Here are the five “W”s for making sure your websit...

Businesses across every industry are finding out the hard way they’re not exempt when it comes to meeting the minimum requirements of accessibility outlined by WCAG. Initially, this is likely a very frustrating reality for most businesses because t...

DOJ Enforcement Activities.  After little activity in the Trump era (except for the significant withdrawal of the web accessibility rulemaking effort), as we predicted, the new Biden Administration DOJ ramped up enforcement activity in 2021 and is pushing the law’s boundari...

What user experience does a visually impaired person have when visiting your website?  Is your website designed with barriers for people with disabilities?  These are among the important questions to ask to ensure that all visitors can perceive, understand, navigate, and intera...

Prediction 1: The web will slowly continue to become more accessibleThe two annual accessibility reports — SOAR and the WebAIM million showed slight improvements in web accessibility, but the overall rate of inaccessibility is still pretty atrocious.So there are two trends here...

What is website accessibility and how do I get my website accessible? These are two common questions many business owners are asking themselves right now as ADA website accessibility lawsuits continue to rise throughout the country. With this consistent rise i...

The Eleventh Circuit recently affirmed sanctions against a hearing impaired plaintiff and his attorney, who had filed 131 lawsuits...

The COVID-19 pandemic dramatically increased the use of the internet and digital platforms by institutions of higher education. While providing online content has great potential to improve the ways that institutions communicate with and educate students, institutions must also b...

As regular readers of this blog know, the number of ADA Title III lawsuits filed in federal court in 2020 dipped slightly under 11,000, but the plaintiffs’ bar came roaring back in 2021. There were at least 11,452 federal filings last year – an all-time ...

The U.S. Department of Justice (DOJ) recently entered into settlement agreements with Hy-Vee and Rite Aid in response to the DOJ’s concern that the companies’ vaccine registration websites were not accessible to individuals with vision impairments and other disabilities. ...

How often have you heard the phrase ‘website accessibility’? If you’re a business owner, it’s surprisingly not as often as you should expect. The reason why is that everyday life is being conducted online more and more every year. Unfortunately, the we...

On March 2, 2022, the Eleventh Circuit Court of Appeals denied Winn-Dixie’s request that the full panel of judges reconsider a single Eleventh Circuit judge’s order dismissing the appeal and district court proceeding as moot...

Businesses hoping for clarification on their obligations to ensure their websites comply with Title III of the Americans with Disabilities Act (ADA) will still have to wait, following a recent federal appellate court decision. That decision...

Accessibility, the “A” in DEIA, is a foundation on which the federal workforce must build diversity, equity and inclusion for people with disabilities. Without accessibility, we cannot truly achieve the others.This guide is designed to support Federal Agencies with implementa...

Almost twelve years after it first proposed to issue website accessibility regulations, the U.S. Department of Justice (DOJ) on March 18, 2022, published “Guidance on Web Accessibility and the ADA.”The new nonregulatory guidance offers little assistance to the business community on the...

ADA Title III website accessibility lawsuits filed in federal courts in 2021 jumped 14% over 2020, besting the 12% 2020 increase aided by a huge November 2021 spike in filings.The numbers are in for total website accessibility lawsuit filings in federal courts...

Following a period of silence on whether the Americans with Disabilities Act requires websites to be accessible to persons with disabilities, the US Department of Justice released new guidance on March 18 focusing on covered entities’ obligations under Title II (public entities) and Title III (pla...

On standing to sue under Title III of the Americans with Disabilities Act (ADA), two U.S. Circuit Courts have arrived at opposite conclusions where the plaintiffs did not allege any concrete injury and said they had no intention of visiting the hotels whose websites were the subject of their accessi...

The Department of Justice (DOJ) has issued guidance indicating that it will step up enforcement against websites that are not compliant with the Americans with Disabilities Act (ADA).BackgroundThe ADA, which was passed in 1990, prohibits discrimination against people with disabilities. Of particular...

We are seeing a trend in recent federal decisions in ADA Title III cases involving websites: Courts are finding that not being able to access information on a website, with no other adverse consequences, is not sufficient to establish the “concrete” harm required to have standing to sue.  In Ma...

These days, virtually every business establishment knows that it must have a web presence in order to be a commercially viable enterprise.  But what many business owners fail to realize is that their websites may be opening them up to significant legal risk including becoming targets for accessibil...

On March 18, 2022, the Department of Justice (“DOJ” or “Department”) published guidance on web accessibility and the Americans with Disabilities Act (“ADA”). The guidance addresses how state and local governments (covered by Title II of the ADA) and businesses that are open to the publ...

The increasing popularity of online shopping is placing e-commerce businesses—specifically those in the alcohol beverage industry—in legal crosshairs. In lockstep with a recent uptick in website accessibility cases, plaintiff firms are sending pre-suit demand letters to alcohol suppliers and, in...