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ARTICLE · 01 MAY 2023

The Benefits Of Using Consent Decrees When Settling ADA Website Accessibility Cases

Lewis Brisbois Bisgaard & Smith LLP
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For several years, Lewis Brisbois' ADA Compliance & Defense attorneys have used consent decrees when settling New York federal court putative class action lawsuits in which the vision disabled plaintiffs allege...

United StatesEmployment and HR
Peter T. Shapiro
Peter T. Shapiro
Colby Berman
Colby Berman
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New York, N.Y. (April 17, 2023) – For several years, Lewis Brisbois' ADA Compliance & Defense attorneys have used consent decrees when settling New York federal court putative class action lawsuits in which the vision disabled plaintiffs allege that the defendants' websites and mobile apps are not accessible in violation of the Americans with Disabilities Act (ADA) and, in some cases, state and local laws. The consent decrees have been utilized to help avoid or defend subsequent lawsuits by different plaintiffs asserting essentially the same claims.

In the typical case, the settling defendant commits to remediating its website to make it more accessible, but a period of at least several months is typically provided, given the difficulty of the undertaking. Under the consent decree, the federal judge approves the plan for remediation to take place over a period of time and retains jurisdiction over any issues concerning the website's accessibility for a period of 36

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