For the last several years, consumers have increasingly turned
to online shopping as an alternative to traditional "brick and
mortar" stores. Some reports showed that "Cyber
Monday" sales figures beat out those for "Black
Friday" this year, and many retailers are doubling down on
their eCommerce efforts in response. What many retailers
might not be aware of is the growing risk of litigation under the
Americans with Disabilities Act (ADA) and derivative state laws
arising from websites or mobile apps that allegedly discriminate
against disabled individuals.
Although there has been more than a decade of litigation on this
issue, basic questions have remained muddled, including whether
Title III of the ADA (which requires access to places of public
accommodations to disabled individuals) applies to websites.
Recent developments in case law, new proposed regulations by the
Department of Justice (DOJ) slated for March 2015, and a noteworthy
recent DOJ settlement with
