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ARTICLE · 23 JULY 2019

Fixing Your Website Can Moot ADA Website Accessibility Lawsuits

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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The rate of ADA website and mobile app accessibility lawsuits filed in federal courts is approaching one every working hour.

United StatesMedia, Telecoms, IT, Entertainment

The rate of ADA website and mobile app accessibility lawsuits filed in federal courts is approaching one every working hour. And in 2019, about 25% of these lawsuits were against defendants that had been sued previously. What can companies do to prevent getting sued (or re-sued)? A recent decision from the Southern District of New York (SDNY) supports the advice we have been giving our clients—bring your website into WCAG 2.0 compliance as quickly as possible.

In that case, Diaz v. Kroger Co., a legally-blind plaintiff sued Kroger – an Ohio-based supermarket chain – alleging that its website was not fully accessible to blind or visually-impaired individuals. In support of its motion to dismiss, Kroger submitted an affidavit stating that after receiving plaintiff's complaint, Kroger reviewed and remedied all of the alleged deficiencies in its website. The court found that Kroger's remediation efforts and commitment to "monitoring technological developments in the

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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