Lawsuits

Review the cases being heard by our nation’s judges (or negotiated at the settlement table).

Content based on Lawsuits

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ADA Compliance: What’s the Basic Defense Strategy?

A basic approach and strategy to avoid or defend an ADA lawsuit for a non-compliant website or mobile app that is not accessible to users with disabilities.

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ADA Compliance: How Does the ADA Apply to a Website?

This is post #16 in the ADA Compliance Series, which aims to outline a structure for validating and justifying a claim of “ADA compliance” for.

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ADA Compliance: What About Privacy Implications?

An overview of the implications of inaccessible terms of use and privacy banners on a website.

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ADA Compliance: What Policies, Procedures, and Practices are Required?

The primary request in most ADA lawsuits is for injunctive relief from the court to force the defendant to change their corporate policies, practices, and procedures to ensure their websites are accessible.

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ADA Compliance: What’s the Breakdown of a Claim in an ADA Lawsuit?

An overview of common claims we see in ADA lawsuits pertaining to web site accessibility.

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ADA Compliance: What Do We See In Lawsuits?

An overview of digital accessibility lawsuits under the ADA – what they’re alleging and what they’re asking for.

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ADA Demand Letters and Settlements: What You Need to Know in 2020

Learn what to do if you receive a complaint that your website isn’t ADA compliant, plus steps you can take now to avoid getting one in the first place.

The 2020 State of Digital Accessibility Report
Webinar: The State of Digital Accessibility in 2020

Level Access Founder & CEO Tim Springer shares hard data and insights on digital accessibility trends, new developments, and key projections for the year ahead.

ADA Compliance for Websites and Mobile Devices
ADA Compliance: What Does “ADA Compliant” Mean for a Website?

For decades, we’ve had one question in the digital accessibility industry: what does “ADA compliant” mean for my website, mobile app, or other technology?” This post kicks off the ADA Compliance Series, which aims aim to outline a structure for validating and justifying a claim of “ADA compliance” for a website or other digital system.

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As Predicted, the Supreme Court WILL NOT Hear the Domino’s v. Robles ADA Web Accessibility Case

Part IV of Level Access legal analysis on the Domino’s Pizza digital accessibility case

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Access to All, or Else: California Supreme Court Issues Unanimous Decision Affirming Equal Online Access 

Thanks to the unanimous ruling from White v. Square, slip op. at 16 (Cal. Aug. 12, 2019), a formal agreement or willingness to transact with.

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Will the U.S. Supreme Court Hear Domino’s v. Robles? If They Do, What Could Happen?

Part III: Our crystal ball is getting even clearer. As we wrote about back in July, of the thousands of digital accessibility cases winding their.

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Will the U.S. Supreme Court Define the Legal Requirements of Digital Accessibility in Domino’s v. Robles? Our Legal Crystal Ball Says: Probably, Not.

Among the thousands of digital accessibility cases filed in federal and state courts each year, many are watching one case with particular interest: Domino’s Pizza LLC v. Guillermo Robles.

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Inaccessible Healthcare Websites Risk Lawsuits, As Well As Patients’ Health

Getting quality medical care is tough, but it’s even tougher when you can’t access critical information on your provider or insurance company’s website.

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ADA Demand Letters & Settlements Whitepaper

Want a Win-Win ADA Settlement? If you’ve received a demand letter or are undergoing litigation under the Americans with Disabilities Act (ADA), it can be.

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Webinar: ADA and the Internet- Legal Update

Original Presentation Date: May 16, 2019 How—and when—do the Americans with Disabilities Act (ADA) and other accessibility laws apply to websites, mobile apps, and other.

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Why Are More Digital Accessibility Suits Being Filed as Class Actions (And What Does It Mean?)

One of the most surprising legal developments in 2018 on the digital accessibility front was the dramatic rise in the number of cases filed as.

Digital accessibility includes those with visual, mobility, and hearing disabilities.
Digital Accessibility Isn’t Just About Customers, Recent ADA Settlement Shows

With digital accessibility lawsuits almost tripling in 2018, organizations are more aware than ever that their digital assets need to be accessible to users with.

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Digital Accessibility Crystal Ball: Will We See Different Types of Cases in 2019 and Beyond?

With digital accessibility lawsuits at record numbers—more than 2,250 cases were filed in federal court under Title III of the Americans with Disabilities Act in.

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Whitepaper: Digital Accessibility Crystal Ball 2019

Digital accessibility litigation reached an all-time high in 2018, with over 2250 cases filed in federal courts alone—nearly triple the number from 2017. But for.

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Settlement Shows Limits of a “Separate-But-Equal” Approach to Digital Accessibility

Building a separate “assistive” website may seem like a good way to provide resources to customers and clients with disabilities, but, as a recent settlement.

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Ninth Circuit Reverses Robles v. Dominos Pizza LLC, Holds ADA Title III Suits Don’t Violate Due Process Rights

A recent website accessibility decision out of the Ninth Circuit Court of Appeals reaffirmed the application of the Americans with Disabilities Act to websites, while.

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Digital Accessibility Case Filings Rebound in October/November after September Dip

While the decline in case filings in September may lead some to think the current wave of web accessibility litigation might be petering out, an.

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Federal Court Decision in Gomez v. GNC Highlights Importance of Choosing an Experienced Accessibility Expert

A recent decision out of the Southern District of Florida highlights the importance of hiring an experienced accessibility expert in web accessibility cases under Title.

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DOE Rescinds “Mass Filer” Rule, Reopening Door for Web Accessibility Complaints

In late November, the Department of Education (DOE) Office for Civil Rights (OCR) released a revised Case Processing Manual that reversed controversial rules changes made.

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Over 470 Digital Accessibility Cases Filed in Q3 2018, Led By Lawsuits Against Retailers, Hotels, and Consumer Service Providers

More than 470 digital accessibility lawsuits were filed between July and September 2018, equaling 58% of total suits filed in 2017. These strong Q3 numbers.

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Court of Appeals Rules Plaintiff Not Required to Exhaust Remedies under CVAA Before Bringing ADA Suit

A recent decision by the Eleventh Circuit Court of Appeals in Atlanta could mean trouble for organizations and governmental bodies that stream video on their.

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Digital Accessibility Litigation Up 24% in August 2018

If you are concerned about your organization’s risk of an ADA lawsuit, contact us for a complimentary Risk Assessment of your website. If you have already.

ADA Compliance for Websites and Mobile Devices
DOJ Reaffirms Position that ADA Applies to Websites

In a letter to members of Congress last week, the Department of Justice (DOJ) clarified that it believes that Title III of the Americans with Disabilities.

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Web Accessibility Litigation Targets Retail and Consumer Services, Government Agencies in July 2018

If you are concerned about your organization’s risk of an ADA lawsuit, contact us for a complimentary Risk Assessment of your website. If you have already.

Time to Make the Website Accessible: Court of Appeals Allows ADA Lawsuit Against Dunkin’ Donuts to Proceed

The Eleventh Circuit Court of Appeals in Atlanta recently overturned a lower court’s dismissal of a website accessibility lawsuit against Dunkin’ Donuts, allowing the case.

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State Attorneys General Ask DOJ to Act Now on Website Accessibility Rules

Adding to a rising number of calls for clarity on digital accessibility rules, the Attorneys General of 18 states and the District of Columbia have.

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Over 150 Digital Accessibility Lawsuits Filed in June 2018

At least 154 digital accessibility lawsuits alleging violations of the Americans with Disabilities Act (ADA) were filed in federal court in June 2018. The retail,.

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SEC Rule Allows Management Companies to Post Reports Online—But Is Your Site Accessible?

Last month, the Securities and Exchange Commission (SEC) adopted rule 30e-3, which will allow registered management companies and unit investment trusts to provide shareholder reports online..

Superdome Not Super Accessible: Accessibility News Roundup, July 9, 2018

Welcome back to our Accessibility News Roundup, where we bring together the best recent stories from the web about accessibility. First up, NPR’s Marketplace dedicated an entire.

ADA Compliance for Websites and Mobile Devices
Can You Be Sued Over Digital Accessibility if You Already Have a Settlement? (Spoiler Alert: Yes.)

The Eleventh Circuit Court of Appeals in Atlanta has overturned the dismissal of a website accessibility lawsuit against Hooters, allowing the case to proceed. The.

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Representatives Urge DOJ to Curb Web Accessibility Lawsuits

A group of 103 members of the House of Representatives have asked the Department of Justice (DOJ) to act to curb website accessibility lawsuits under.

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Could I Get A Ride? Accessibility News Roundup, June 13, 2018

Hey everyone! Welcome to the latest edition of the Level Access Accessibility News Update, where we tell you what’s been going on in the realm.

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California Judge Finds Restaurant’s Inaccessible Website Violated Unruh Act

Last month, a California judge held that a restaurant’s inaccessible website violated the state’s Unruh Civil Rights Act, which prohibits discrimination on the basis of.

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NFB, NAACP Sue Department of Education over Amendments to Civil Rights Complaint Procedure

The National Federation of the Blind (NFB), NAACP, and the Council of Parent Attorneys and Advocates (COPAA) have filed suit against the Department of Education.

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Appropriations Bill Would Instruct DOJ to Clarify Web Accessibility Requirements

New legislation pending before the House of Representatives could put web accessibility regulations back on the table, despite the Department of Justice’s decision last year.

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Your Website is Accessible, but is Your Mobile App?

Mobile apps are everywhere. The explosion of smartphones and tablets over the past decade have made apps an increasingly important way for businesses to connect.

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Attorneys Provide Perspective On New Peoples Bank Case

In April, a federal judge dismissed a digital accessibility lawsuit against New Peoples Bank (NPB). The case, Carroll v. New Peoples Bank, was noteworthy for what it says.

RICO (not Suave): Accessibility News Roundup, May 11, 2018

Welcome back to our Accessibility News Roundup, where we bring together the best recent stories from the web about accessibility. We start off with some sad.

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Federal Judge Dismisses Website Accessibility Suit as Moot after Website Made Accessible

In April, a federal judge in Virginia has found that a bank could not be sued for an inaccessible website under Title III of the.

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Digital Accessibility for EDU: Legal Update

In addressing issues related to digital accessibility, educational institutions need to consider the current state of the law and rulemaking status of the Americans with.

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A B2B Buyer’s Crash Course in Digital Accessibility

Congrats! You have a job spending oodles of someone else’s money. But you’ve been told that you need to procure accessible technology. What exactly does.

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Five Reasons Why Your B2B Organization Should Care about Digital Accessibility

As you may have noticed, our blog focuses quite a bit on the legal news surrounding digital accessibility. That will probably continue to be the.

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The Lawsuit Is Coming from Inside the Customer Base

Two recent lawsuits against financial services companies under the Americans with Disabilities Act show that legal risk doesn’t just come from so-called “surf-by lawsuits;” it.

Ducks on a Plane: Accessibility News Roundup, April 18, 2018

At Level Access, we make it our business to know what’s going on in accessibility. And since we are already scouring the web for the.

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Plaintiffs Appeal, Shift Legal Theories as Credit Unions Win Dismissals in Web Accessibility Cases

In a string of recent decisions, judges in Virginia have dismissed at least four digital accessibility lawsuits against credit unions alleged to have violated Title.

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Tammy Duckworth and Colleagues Express Opposition to HR 620, Making Senate Passage Unlikely in 2018

The ADA Education and Reform Act, also known as House Resolution 620 (HR 620), may have passed the House, but its chances of passing the.

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Web Accessibility Complaints Dismissed after Rules Change by DOE Office of Civil Rights

Education Advocate Marcie Lipsitt has filed more than 2,400 complaints with the Department of Education Office of Civil Rights (OCR) against schools and universities with.

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Legal Trends and Cases in Telecom

Original Presentation Date: March 27, 2018 Digital accessibility lawsuits reached an all-time high in 2017 and legal experts predict the trend will continue in 2018. What.

ADA Compliance for Websites and Mobile Devices
Judge Nips 1-800-FLOWERS.com’s Motion to Dismiss Accessibility Suit in the Bud

Things aren’t coming up roses for 1-800-FLOWERS.com, which last month saw a federal judge in Massachusetts reject its bid to toss out a lawsuit alleging.

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Judge Rules Texas Attorney Cannot Be Disbarred for Sending Demand Letters

A judge has dismissed the Texas Commission for Lawyer Discipline’s (CFLD) complaint to disbar a Texas attorney over his practice of sending out demand letters.

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Level Access asks, “Why are so many lawsuits settled before they go to court?”

Digital accessibility is a constantly changing area of law. There are no explicit regulations for private companies and although we have dozens of court decisions,.

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Building a Successful Accessibility Program for Your Financial Institution

Original Presentation Date: March 8, 2018 The last six months have brought a dramatic increase in litigation against financial institutions. With new actions against banks and.

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Less Risk, More Revenue: Accessibility For Retail and Dining Websites

Original Presentation Date: February 27, 2018 Most retail and dining establishments understand that physical spaces need to conform to specific design requirements for accessibility under the.

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Level Access asks, “Will the Trump administration mean less enforcement of accessibility regulations?”

Digital accessibility is a constantly changing area of law. There are no explicit regulations for private companies and although we have dozens of court decisions,.

ADA Compliance for Websites and Mobile Devices
Pharrell Williams May Not Be Happy About His Website Being Sued

  Plaintiff Victor Lopez, who is blind, has filed a complaint in a federal District court for the Southern District of New York, alleging that.

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House of Representatives Approves Bill to Limit Suits under Title III of the Americans with Disabilities Act

In a vote of 225-192, the House of Representatives passed the ADA Education and Reform Act on Thursday, February 15, 2018. The bill—which is also known as.

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Level Access asks, “Is Congress likely to take action on the ADA?”

Digital accessibility is a constantly changing area of law. There are no explicit regulations for private companies and although we have dozens of court decisions,.

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Wet Willie’s Lawsuit Puts Web Developer in the Litigation Crosshairs

Web developers and hosting companies may need to start worrying about demand letters and suits under the Americans with Disabilities Act (ADA), if a Florida.

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Federal Judge in Virginia Dismisses Suit Against Credit Union for Lack of Standing

On Friday January 26, a federal judge in Alexandria, Virginia, dismissed a lawsuit against the Northwest Federal Credit Union (Northwest FCU). The complaint alleged that.

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Level Access asks, “will there be new regulations? or deregulation?”

Digital accessibility is a constantly changing area of law. There are no explicit regulations for private companies and although we have dozens of court decisions,.

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The Digital Accessibility Crystal Ball: What does the future hold?

With our latest whitepaper, The Digital Accessibility Crystal Ball: What Does the Future Hold?, we wanted to pick the brains of the top experts in digital.

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Level Access asks Nicole Sieb Smith, “Are digital accessibility lawsuits going to continue in the future?”

Digital accessibility is a constantly changing area of law. There are no explicit regulations for private companies and although we have dozens of court decisions,.

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Level Access asks Kristina Launey & Donald Brown, “Do court decisions reduce uncertainty?”

Digital accessibility is a constantly changing area of law. There are no explicit regulations for private companies and although we have dozens of court decisions,.

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Accessibility Compliance in the Healthcare Industry: Assessing Intrinsic and Extrinsic Risks

With open enrollment in everyone’s recent past, it’s time to start thinking about a different kind of healthcare: your accessibility compliance health! In this series.

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Legal Thought Leadership Series: Level Access Asks the Experts

Digital accessibility is a constantly changing area of law. There are no explicit regulations for private companies and although we have dozens of court decisions,.

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Small Bank Industry Group Settles ADA Claims, Adopts Digital Accessibility Guidelines

Late last year, the Independent Community Bankers of America (ICBA), an industry group representing banks with assets of $50 million or less, reached a settlement.

E-Commerce Websites Targeted in Series of ADA Lawsuits in Pittsburgh

In the past week, a Pennsylvania woman has filed at least five lawsuits against e-commerce sites for alleged violations of Title III of the Americans.

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Dealing with OCR Complaints: Advice for Educational Institutions

The Office for Civil Rights (OCR) within the Department of Education (DOE) is responsible for collecting and investigating discrimination complaints against educational institutions. In 2016.

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Lincoln Center Sued for Inaccessible Performances

According to a press release by the National Association of the Deaf, Christina Kielich, a Virginia resident with a hearing impairment, filed a lawsuit in.

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2016 Legal Landscape Update: State and Local Government

Last year saw a dramatic rise in lawsuits related to digital accessibility. State and local governments saw several developments. Organizations in the public sector have.

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ADA and the Internet: ADA Settlements – Customer Service

This is the 7th and final installment in the ADA and the Internet Series. Settlements will typically contain language about providing customer service to users.

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ADA and the Internet: ADA Settlements – Testing and Bug Fixing

This is the sixth installment in the ADA and the Internet Series. Automated Web Accessibility Testing Purchasing and deploying an automated web accessibility testing tool is.

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ADA and the Internet: ADA Settlements – Policies, Public Statements, and Personnel

This is the fifth installment in our ADA and the Internet Series Web Accessibility Policy Most settlements have a requirement for a web accessibility policy.

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ADA and the Internet: ADA Settlements – Third-Party Solutions and WCAG Carve-Outs

This is the fourth installment in our ADA and the Internet Series Third-Party Solutions Third-party services and content are often carved out in agreements to.

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ADA and the Internet: ADA Settlements – Fitting Accessibility Compliance into Your Product Lifecycle

This is the third installment in our ADA and the Internet Series If your organization is involved in web-related ADA litigation, one of the most.

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ADA and the Internet: So You Got a Demand Letter…Now What?

A number of our clients have received demand letters from ADA plaintiff’s attorneys. As there seems to be a great bit of confusion behind these.

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ADA and the Internet: Where Things Stand

With demand letters and litigation increasing, we are often asked about the current legal situation when it comes to the ADA and the Internet. Here.