ADA Website Compliance

The Americans with Disabilities Act (ADA) and the Internet

Traditionally, the regulations of the Americans with Disabilities Act (ADA) were restricted to physical businesses open to the public. Today, that’s no longer the case. The ADA was passed in 1990 to increase the ease with which people with disabilities could access and enjoy business spaces. However, many businesses don’t realize that their websites are also subject to those standards. With the growth of the Internet and business websites, ADA lawsuits against corporate websites have ballooned.

ADA Website Violation Penalties

While the ADA does not afford monetary damages to private parties bringing such a lawsuit, it does provide for a “reasonable” attorney’s fee, which can be astronomical. Additionally some plaintiffs assert rights under state accessibility or unfair business practices statutes, which may provide for monetary damages.

Plaintiffs claim that business websites are “places of public accommodation” and are therefore subjected to the ADA. They file lawsuits on the basis that these websites are not accessible to those with disabilities, such as the blind or hearing impaired. Some courts have agreed with plaintiffs, even though the Department of Justice has not issued any formal regulations on the matter.

"Shakedown" Lawsuits over Website Accessibility

Professional plaintiffs are increasingly targeting business websites as alleged “places of public accommodation” amid inconsistent court rulings and delayed regulatory guidance, driving up defense costs through claims for attorneys’ fees rather than recovery of damages.

ADA Website Accessibility Attorneys

Don't be taken advantage of by career plaintiffs looking for an easy target. Kronenberger Rosenfeld navigates businesses through these vague laws by:

• Assisting clients by ensuring their websites comply with ADA regulations.
• Making website content accessible using the guidelines set by the World Wide Web Consortium (W3C).
• Defending clients from baseless shakedown lawsuits.

Kronenberger Rosenfeld has more than fifteen years of experience defending companies in internet-related lawsuits, and can help you and your business in dealing with any individual or class action lawsuits relating to ADA website compliance.

To learn more about ADA website compliance defense, we welcome you to contact us through our online case submission form or call us at 415-955-1155, ext. 120.