Our economy’s continued shift to digital has brought increased attention to clients’ digital presence through their websites. Recent court decisions have extended Title III of the Americans with Disabilities Act (ADA)’s definition of “public accommodation” — historically used to refer specifically to a physical space such as a brick-and-mortar store — to nonphysical locations, like websites and mobile apps. The result has been a wave of individual and putative class actions alleging that a variety of retailers, restaurants, hotels and resorts, banks, and other businesses have provided inadequate website and/or mobile app access for the visually and hearing-impaired. Furthermore, the U.S. Department of Justice has entered into several settlements finding companies’ inaccessible websites to be in violation of Title III of the ADA and have required certain “reasonable modifications” to ensure effective access. Strategic planning is essential.
Kelley Drye helps businesses of all stripes navigate website accessibility issues, from pre-suit demand letters to litigation to compliance. We partner with our clients to address compliance issues in a business-friendly fashion, and stand ready with a team of experienced trial lawyers to ensure the best result when litigation strikes. We represent a diverse range of clients in retail, hospitality, financial services and other industries, offering efficient and cost-effective legal services across the U.S., including in plaintiff-friendly jurisdictions such as California, Florida, Illinois and New York. We understand that digital innovation and e-commerce is key to our clients’ success and we work to strike the right balance between innovation and accessibility. If and when litigation is inevitable, we stand ready to defend our clients against allegations of violations of the ADA.