Monday 02 22, 2021

Defending ADA Claims

Portrait Liana Chen
By Liana Chen

Partner

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.

This entry was posted on Monday, February 22, 2021 and is filed under General News & Firm Announcements, Internet Law News.



Related articles

Website Agreements

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...

Read Article

Website Agreements

How to Bind Users to Website Terms of

Website terms of service, which often include arbitration provisions with class-action waivers, are often of critical importance to businesses transacting online. However, these online agreements are essentially meaningless if businesses...

Read Article

Website Agreements

California’s New Sweeping Privacy Law is Effective January

Now is the Time to Get Compliant. California passed what many describe as the most sweeping and comprehensive consumer privacy law in the county. The law is called the California...

Read Article

Website Agreements

Essential Elements for Website Terms & Conditions

Website terms and conditions (“T&Cs”) are often the primary contracts between web-based companies and their customers or website users. Accordingly, T&Cs are an invaluable tool for businesses and can establish...

Read Article
Get the help you need.

We offer legal advice on a wide range of online topics

Get legal help now

Not seeing what you’re looking for?

Submit your case in 3 minutes and get legal help fast.

Submit your case online

OR

Give us a call
Join our mailing list

Stay ahead of legal matters

The internet moves fast. We'll keep you informed.