Our team works with clients to understand the Americans with Disabilities Act and other law as it applies to websites, mobile apps and other technology platforms. We provide actionable advice to promote compliance, manage risk and provide a quality user experience for all.
What We Do
Our website-accessibility, mobile-accessibility and technology attorneys collaborate with clients to:
- Understand the requirements of the Americans with Disabilities Act (ADA), the Rehabilitation Act including Section 508, the Air Carriers Access Act, state laws such as California’s Unruh Act, as well court opinions applying the law in real cases.
- Respond to demand letters and litigation demands from plaintiff law firms such as Carlson Lynch and Lee Litigation Group, among many others.
- Defend clients in individual ADA litigation and threatened class action matters if a lawsuit is filed; strategize regarding pre-emptive and declaratory actions.
- Understand the role and relevance of guidelines such as the Web Content Accessibility Guidelines (WCAG) 2.0 and guidance statements and letters from the U.S. Department of Justice (DOJ).
- Direct external website accessibility consultants and internal information technology (IT) resources in any accessibility audit; Collaborate with IT and management in developing a plan, managing risk and fixing inaccessible elements of websites and mobile tools.
- Advise on appropriate accessibility testing, measurement, improvement and monitoring measures.
- Draft and design appropriate website accessibility policies, plans of action and board-level resolutions.
- Remember the Big Picture, to use technology to provide an outstanding user experience (UX) for all users.
32nd Annual E&L Law Seminar Takeaway:
ADA Website Accessibility and Public Accommodations Presentation
News & Articles
February 1, 2017
An established plaintiff disability law firm, Carlson Lynch, has sued HCA Holdings in federal court, alleging that websites operated by over 100 hospitals and health care facilities owned by HCA are not accessible to blind individuals and therefore violate Title III of the Americans with Disabilities Act.Read More
January 18, 2017
The sharp rise of website accessibility litigation and demands that impacted retail, fast-food, financial organizations, banks and education sectors in 2015 and 2016 has expanded to target the healthcare industry, including: hospitals, clinics, health insurance as well as related providers such as drug stores and optical stores.Read More
Financial Services Industry Targeted in Wave of Lawsuit Threats Over Websites Allegedly Inaccessible to the Visually Impaired
November 15, 2016
In a trend that began several years ago and has migrated through several industries, investment firms are among those being targeted by enterprising plaintiffs’ lawyers alleging that the firms’ website are inaccessible to blind or otherwise disabled users. The claim is that the firms are violating the Americans with Disabilities Act (ADA).Read More
November 4, 2016
The Wall Street Journal ran a major story on November 1, 2016, describing the growing trend of lawsuits brought by a handful of plaintiff law firms representing blind individuals against hundreds of website operators including well-known names such as Foot Locker, Toys ‘R’ Us, Brooks Brothers and the NBA.Read More
September 1, 2016
Is your bank’s website accessible to the visually impaired? If it is not - or if you are not sure - now is the time to address this issue as businesses across the country are receiving demand letters and being made parties to legal claims for alleged violations of the Americans with Disabilities Act (ADA).Read More
What's Behind E*TRADE Accessibility Initiative and Press Release? Disability Lawyers Target Financial Industry for ADA Claims
July 6, 2016
E*TRADE's recent press release reads as though E*TRADE simply discovered its inner, more-inclusive, corporate self "E*TRADE Financial Corporation (NASDAQ:ETFC) today announced an initiative to enhance its website, mobile applications, and desktop trading and investing platforms to make them more accessible for customers with disabilities."Read More
Four Class Actions in 14 Days: Quick Serve, Fast Casual, Restaurant Industry Targeted for Alleged Inaccessible Websites
May 27, 2016
Between April 19 and May 3, 2016, Olive Garden, Domino's, Potbelly and Dean & Deluca were each named as a defendant in four separate but similar class action lawsuits. The suits, all brought by the Lee Litigation Group, allege that the defendants' improperly designed websites are inaccessible to blind users and violate Title III of the Americans with Disabilities Act as well as state and local laws.Read More
May 19, 2016
In what appears to be the first court decision of its kind, a California state court held not only that the Americans with Disabilities Act (ADA) applies to websites, but also that in the case of ColoradoBaggage.com, the website design and features were sufficiently inaccessible to blind users (using screen reader technology) that the site owner violated ADA as well as the California Unruh Act and is liable for monetary damages and injunctive relief.Read More
April 27, 2016
Three blind law school graduates just filed a federal class action lawsuit in Texas, alleging that BarBri, Inc., the leading bar exam test prep company, violated Title III of the Americans with Disabilities Act by “maintaining barriers to the accessibility of its services for blind students who use talking screen reading software and failing to make reasonable accommodations or provide auxiliary aids or services.” See, Stanley V. BarBri, Inc.Read More
February 8, 2016
Oklahoma-based pizzeria Mazzio’s Italian Eatery filed a preemptive “declaratory” lawsuit in federal district court against the Carlson Lynch law firm on February 2, 2016. Mazzio’s, LLC v. Carlson, Lynch, Sweet & Kilpela, LLC, N. Dist. Oklahoma, Case No. 16-cv-59-CVE-TLW.Read More