How To Handle ADA Website Accessibility Claims

The Bottom Line

• When faced with an ADA website accessibility claim, there are defenses that can be raised, either with the court or as part of settlement negotiations.
• Companies should carefully review any such claim, particularly the allegations concerning whether the plaintiff visited the relevant website with the intent to make a purchase, and whether the plaintiff intends to return to the website.
• In defending against ADA website claims, companies should seek the advice of legal counsel to arrive at an appropriate response.

In recent years, there has been an explosion of lawsuits brought under the Americans with Disabilities Act (ADA) against website operators, alleging that their websites discriminate against blind or visually impaired persons. Although these cases often end in quick settlements, there are defenses available to those hit with such claims. A recent federal court decision demonstrates that these defenses can be effective in court or in