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ARTICLE · 23 AUGUST 2022

Court Holds That Website Accessibility Doesn't Require 100% Compliance

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

Kelley Drye & Warren LLP

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If you've ever received a demand letter alleging that your company's website isn't accessible to the blind or visually-impaired, it's likely that the claimant's attorney attached a report outlining a number...

United StatesMedia, Telecoms, IT, Entertainment

If you've ever received a demand letter alleging that your company's website isn't accessible to the blind or visually-impaired, it's likely that the claimant's attorney attached a report outlining a number of accessibility errors on the website. That's not surprising because most – if not all – major websites are likely to have some errors. But while some errors may affect a blind or visually-impaired person's ability to navigate the website, others do not. One question that hasn't been previously addressed by any court, though, is whether 100% accessibility is necessary to avoid liability under the ADA. A California district court recently opined that it is not. This is complicated by the fact that there are no government issued regulations relating to what standard of accessibility should even be considered. By default, the few courts that have required that a company ensure that its website is accessible to blind or visually-impaired people using assistive

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