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ARTICLE · 09 NOVEMBER 2016

What To Know About Website Accessibility Claims

The new battleground for Plaintiffs filing ADA accessibility cases involves claims of barriers not in physical space but in cyber space.

United StatesMedia, Telecoms, IT, Entertainment

The new battleground for Plaintiffs filing ADA accessibility cases involves claims of barriers not in physical space but in cyber space. The Plaintiffs' bar has become more aggressive in filing claims asserting that public webpages that are not accessible to disabled users violate Title III of the Americans with Disabilities Act ("ADA"). The body responsible for enforcing the ADA, the Department of Justice (DOJ), has delayed its proposed amended regulations to the law, which would provide some guidance on this issue. This has left an increasingly litigated issue open for the Courts to interpret how Title III of the ADA applies to business websites, leading to inconsistent legal decisions. Businesses with a cyber presence need to anticipate and - more importantly - prepare to deal with website accessibility claims.

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