The Next Frontier in ADA Litigation: Website and App Access for the Disabled, by Joe Libert, Tim Long, and Jill Rosenberg, Orric, Herrington & Sutcliffe LLP
For the last several years, consumers have increasingly turned to online shopping as an alternative to traditional ‘brick and mortar’ stores. Some reports showed that ‘Cyber Monday’ sales figures beat out those for ‘Black Friday’ this year, and many retailers are doubling down on their eCommerce efforts in response. What many retailers might not be aware of is the growing risk of litigation under the Americans with Disabilities Act (ADA) and derivative state laws arising from websites or mobile apps that allegedly discriminate against disabled individuals.
Although there has been more than a decade of litigation on this issue, basic questions have remained muddled, including whether Title III of the ADA (which requires access to places of public accommodations to disabled individuals) applies…
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