Our partners have expertise in privacy law, commercial operations and employment law, each of which involve website accessibility components. We have practical knowledge of applicable private industry standards such as WCAG 2.0 and 2.1 and defenses such as lack of standing, websites (particularly those that are not commercial in nature and/or do not have a nexus to a physical location) as not being recognized places of public accommodation under Title III of the ADA and lack of injury/damage. We also continue to stay updated on the impact of jurisprudence in this area, including Robles v. Domino’s (addressing the application of the ADA to the services of a place of public accommodation [including through a website or mobile app], not services in a place of public accommodation).
Our litigation partners have actively defended a large restaurant franchise, an online luxury clothing retailer and two retail stores, against claims from individuals (both at the demand stage and through lawsuits) who alleged the company’s website were inaccessible to the blind or otherwise violated the California Unruh Civil Rights Act and ADA. For example, partner Jennifer Lumsdaine has a privacy certification through the International Association of Privacy Professionals, (IAPP). Her focus includes website and internet collection of personal information, which frequently intersects with website accessibility issues. She directed the defense and negotiated resolution of a claim against a garment distributor who had only an on-line presence. As another example, our partner Shannon Marie Jenkins recently litigated a website accessibility case by both a prolific lawyer and Plaintiff against a shoe retailer which had multiple brick-and-mortar locations as well as an on-line presence.
Additionally, we’ve defended dozens of businesses, non-profit organizations and real property owners in numerus lawsuits involving other ADA accessibility issues, including claims of violations under both Federal and California law. Our attorneys have educated, trained and given presentations to local business associations and Chambers of Commerce on avoiding ADA accessibility lawsuits (both drive-by and cyber) and mitigating damages after the filing of the lawsuit.
TLD Law will deliver services to you depending on your needs, which will start with an internal review to first determine if a violation or perceived violation has even occurred and then we can determine your goals. While the vast majority of ADA claims, including website accessibility claims, are resolved through settlement, careful consideration must be given to remediation demands that frequently accompany the monetary claims. Sometimes, the most costly component of this type of claim is bringing the company’s website in compliance with current minimum recommended standards. We have resources which can assist with compliance and we are experienced in negotiated reasonable remediations.
For more information about how we can help you if you’ve been served with an ADA website accessibility lawsuit, contact us today at 562-923-0971 or [email protected].
