Web and Industry

companies facing lawsuits

  • 2018. Bishop v. Amazon.com, Inc.
  • 2018. Braulio Thorne v. Rolex Watch
  • 2018. Luc Burbon v. Fox News Network
  • 2018. Maria Mendizabal, et al. v. Burger King
  • 2017 - 2018. Maria Mendizabal v. Nike Inc.
  • 2018. Sullivan v. CNN America, Inc.
  • 2018. Thorne v. Porsche Design of America Inc.
  • 2018. Lopez v. The Hershey Company, Inc.
  • 2018. Lopez v. Nintendo of America, Inc.
  • 2018. Lopez v. Pandora Ecomm, LLC;
  • 2018. Duncan v. Mitsubishi UFJ Financial Group, Inc.
  • 2018. Camacho v. Bed Bath Beyond Inc.
  • 2018. Sullivan v. Dow Jones Company, Inc.
  • 2018. Duncan v. City National Bank
  • 2018. Duncan v. Bank of China
  • 2018. Duncan v. Industrial and Commercial Bank of China USA, National Association
  • 2018. Bishop v. Signature Bank
  • 2018. Marett v. Armel Tax and Accounting Services.
  • 2017. Gil v. Winn-Dixie Stores, Inc.
  • 2017. Kmart
  • 2017. McDonald's
  • 2017. Grubhub
  • 2017. Empire Today
  • 2017. Access Now
  • 2017. Inc. v. Blue Apron
  • 2017. Reed v. CVS Pharmacy, Inc.
  • 2017. Gorecki v. Hobby Lobby Stores, Inc.
  • 2017. Robles v. Domino's Pizza
  • 2016. National Association of the Deaf v. Hulu
  • 2016. Gomez v. J. Lindeberg USA, LLC.
  • 2016. Edward Davis v. Bag'n Baggage
  • 2016. Aleeha Dudley v. Miami University
  • 2015. Jose Del-Orden v. Reebok
  • 2015. Robert Jahoda v. NBA
  • 2015. US Department of Justice v. the National Museum of Crime and Punishment
  • 2015 US Department of Education, Office for Civil Rights v. Higley Unified School District
  • 2015. National Association of the Deaf v. Harvard
  • 2015. MIT
  • 2015 Mary West v. eHarmony
  • 2015. Ashley Cwikla v. Bank of America
  • 2015. Access Now Inc. v. Ace Hardware
  • 2014. National Federation of the Blind v. US Department of Education
  • 2013. Bazyn, Brown, et al. v. Safeway
  • 2013. National Federation of the Blind v. HRB Digital LLC
  • 2012. National Association for the Deaf v. Netflix
  • 2012. National Federation of the Blind v. Walt Disney
  • 2012. Kit Lau v. Charles Schwab
  • 2010 US Department of Justice v. Hilton Worldwide Inc.
  • 2009. American Council of the Blind, et al. v. Staples
  • 2009 American Council of the Blind, et al. v. CVS
  • 2008 National Federation of the Blind v. Target
  • 2008. American Council of the Blind, et al. v. Rite Aid
  • JetBlue Airways in 2010;
  • Quizno's;
  • Arby's;
  • T.G.I Friday's;
  • Red Lobster;
  • Sizzler;
  • Supercuts;
  • Bath & Body Works;
  • J.C. Penney

website under investigation

  • Van Buren County, AR;
  • Merced County, CA;
  • City of Fort Morgan, CO;
  • City of Port St. Lucie, FL;
  • Fort Meyers, FL;
  • Jacksonville, FL;
  • City of Vero Beach, FL;
  • Atlanta, GA;
  • Glynn County, GA;
  • Randolph County, GA;
  • Stewart County, GA;
  • Lumpkin County, GA;
  • City of Cedar Rapids, IA;
  • Village of Midlothian, IL;
  • St. Clair County, IL;
  • Champaign County, IL;
  • City of Dekalb, IL;
  • LaPorte County, IN;
  • City of Independence, KS;
  • The Unified Government of Wyandotte County and Kansas City, KS;
  • Humboldt, KS;
  • Daviess County, KY;
  • Norfolk County, MA;
  • Town of Swansea, MA;
  • City of North Adams, MA;
  • City of Muskegon, MI;
  • City of Kansas City, MO;
  • City of Poplarville, MS;
  • Robeson County, NC;
  • Wilmington, NC;
  • County of Wilson, NC;
  • Fargo, ND;
  • San Juan County, NM;
  • City of Ruidoso, NM;
  • City of Fallon, NV;
  • Chautauqua County, NY;
  • City of Niagara Falls, NY;
  • Town of Poestenkill, NY;
  • Madison County, NY;
  • Town of Vian, OK;
  • Fayette County, PA;
  • Lancaster County, PA;
  • Schuylkill County, PA;
  • City of Newport, RI;
  • Providence, RI;
  • City of West Columbia, SC;
  • City of the Isle of Palms, SC;
  • Pennington County, SD;
  • Gregg County, TX;
  • Upshur County, TX;
  • City of Wills Point, TX;
  • City of Galveston, TX;
  • McClennan County, TX;
  • Nueces County, TX;
  • City of Parowan, UT;
  • Smyth County, VA;
  • Fairfax County, VA;
  • Warrenton, VA;
  • Yakima County, WA;
  • City of Madison, WI.

News

  • Hundreds of companies are facing federal class actions filed in recent months alleging that their websites don't comply with the Americans With Disabilities Act (ADA) because people with physical challenges have difficulties using them. Among those being sued are Nike (NKE), Burger King, Hershey (HSY), Lord & Taylor and Pandora (P).

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  • Recently, a federal district court in the Commonwealth of Massachusetts refused to dismiss a website accessibility lawsuit against 1-800-Flowers.com brought under Title III of the Americans with Disabilities Act ("ADA") by Access Now on behalf of three plaintiffs who are legally blind. The plaintiffs sued in the United States District Court for the District of Massachusetts (1:17-cv-10273-IT) and alleged that the blind and visually impaired were denied equal access to sixteen (16) websites owned or operated by 1-800-Flowers.com.

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  • Since the introduction of the Americans with Disabilities Act (ADA) in 1990, physically impaired individuals have been taking advantage of this civil law to protect their rights to receive the same quality of services and products as every other individual. Website accessibility standards were set forth, and it was not long before the first lawsuit regarding accessibility of web services was filed.

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  • Whether your organization is in the public or private sector, there are anti-discrimination laws that you are obligated to comply with in the course of doing business. Several of these laws protect the rights of people with disabilities. It's important that you stay up to date on these laws and their regulations, because occasionally they're updated, and new compliance deadlines are set. These milestones creep closer before you know it.

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  • Last spring, I was approached by my local chapter of the Legal Marketing Association about presenting alongside attorney Dana Hoffman of Young Moore on the Americans with Disabilities Act (ADA) and its application to law firm website design. The presentation was fun and informative, and I was honored shortly thereafter the opportunity to expand the focus for an audience of litigators at the 2017 Defense Research Institute's Retail and Hospitality Conference in Chicago. I'll be presenting on this topic this Friday alongside Amy Richardson of Harris Wiltshire & Grannis. Amy has worked on both the litigation and government enforcement sides of this issue and we're both looking forward to talking with attorneys representing clients across the business spectrum on this interesting topic.

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  • To the list of guidelines, such as the Web Content Accessibility Guidelines (WCAG) that is a fragment of the web user-friendliness guideline available through the Web Accessibility Initiative (WAI) of the World Wide Web Consortium (W3C), we in Ontario (Canada), also need to add the Accessibility for Ontarians with Disabilities Act (AODA).

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  • Oct 13, 2016

    Recently, businesses across the country have become targets of innovative demand letters and lawsuits arising under the Americans with Disabilities Act (ADA). Disabled plaintiffs are working with law firms and advocacy organizations across the country, alleging that the businesses' websites fail to provide access to people with certain disabilities. These demands and lawsuits are aggressively testing the limits of how the ADA applies to websites. Any businesses with a commercial website should take notice and prepare accordingly.

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Service

The Surf-By Lawsuit Has Officially Found Its Way To The School Industry

Nov 30, 2018

Winery Websites Must Comply

Earlier this year, we published an article warning that websites have become the new hotbed of litigation brought under the Americans with Disabilities Act (ADA), and that schools across the country should take note ("Your School Could Be One Click Away From A Lawsuit"). It appears our warning was a timely one. A recent lawsuit filed against a vocational school in New York marks what we believe will serve as just the beginning of an onslaught of website accessibility complaints targeting public and private school websites.

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Winery Websites Must Comply With The Americans With Disability Act, But How?

Nov 12, 2018

Winery Websites Must Comply

That ambiguity put fifteen New York wineries in a pickle after Kathy Wu of Brooklyn filed suit. Visually impaired, Wu uses screen-reading software that provides her access to website content. The suit claims the websites of some named New York wineries based in the Hudson Valley and on Long Island are in violation of ADA rules by not making e-commerce, wine club membership, reservations, hours of operation and winery location available through compatible screen-reading features.

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Lawsuits targeting business websites over ADA violations are on the rise

Nov 11, 2018

Lawsuits targeting business websites over ADA violations are on the rise

The boutique Avanti Hotel is known for its poolside, dog-friendly rooms. Yet its website uses the valuable opening page not to highlight the Palm Springs inn's amenities, but to explain, in stark black letters on a plain white background, that the Avanti violated the Americans with Disabilities Act.

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Winery Websites and ADA Compliance

Nov 5, 2018

Winery Websites and ADA Compliance

The recent news of lawsuits filed against New York wineries has caused industry members to ask if they face any litigation risk if their websites are not accessible to people with disabilities under the Americans with Disabilities Act ("ADA"). The answer is "maybe." There is considerable ambiguity in the law as to which companies are required to make their websites ADA-compliant and what actually constitutes ADA compliance.

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Letter from Congress could affect local industry around ADA lawsuits

Jul 11, 2018

Letter from Congress could affect local industry around ADA lawsuits

Over the years, Manhattan attorney Jeffrey Gottlieb reckons he has brought more than 100 lawsuits against companies that haven't made their websites usable by the blind. Although federal law prohibits plaintiffs from collecting large amounts of damages, the cases are so irksome to the business community that Congress is asking the Trump administration to crack down on them.

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Is your website ADA compliant? A brief look at the current legal status

Jun 29, 2018

Is your website ADA compliant

Websites too face regulatory issues around compliance with the Americans with Disabilities Act and other rules involving accessibility and accommodation. In this Insight, we provide a brief overview of the state of laws and rules around website accessibility in the US, including the position taken by the Department of Justice that the Americans With Disabilities Act (ADA) applies to public-facing websites utilized by places of public accommodation; the current status of proposed regulatory action to establish regulatory standards for website accessibility; and the developing judicial guidance.

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