Defending ADA Claims

The Americans with Disabilities Act (ADA) historically applied to physical businesses open to the public. However, the ADA’s requirements have now been routinely enforced against online businesses and all different types of websites. With the rise of e-commerce and remote ventures, including during the COVID-19 pandemic, and with the increasing number of lawsuits claiming that websites violate the ADA, businesses should review their practices for compliance.

In particular, many plaintiffs’ firms have been filing lawsuits claiming that business websites are places of public accommodation under the ADA and that those websites are not adequately accessible to persons with disabilities, such as the blind or hearing impaired. These cases often seek injunctive relief, monetary damages, and attorney’s fees under the ADA and related state statutes regarding unfair business practices, which may provide for statutory damages.

Securing experienced counsel at the outset can help companies get compliant before legal issues arise. Further, if companies become targeted, knowledgeable attorneys can help raise appropriate defenses and try to obtain early dismissal or settlement of the case. For example, there may be arguments that a defendant actually complied with the relevant standard, that free speech rights are impeded, that a particular court lacks personal jurisdiction over the defendant, or that claims are moot or frivolous. Counsel can also assist with ensuring ongoing website compliance, working with technical ADA vendors, and filing any pertinent motions.

Kronenberger Rosenfeld has counseled many clients with ADA matters, both to increase compliance to prevent claims from arising and to respond to legal demands and complaints. Don’t hesitate to contact our firm if you have an ADA legal matter.