Company Web Sites Being Targeted With ADA Claims

A client alert from law firm Duane Morris sounds the alarm about a dramatic rise in the number of ADA actions against companies based on the alleged inaccessibility of their websites. The main disabilities at issue have been visual, but issues could arise with relation to mobility and hearing, according to the article. Typically, before a lawsuit has been filed, the defendant company receives a letter demanding a “structured negotiations agreement,” and with the letter a consultant’s report that details the site’s alleged shortcomings. Expect this trend to continue, the writers say, for a couple of reasons. One is that even though DOJ has said that electronic information and technology should be accessible, it has not yet issued regulations that address the issue and there is no clarity about standards. Another is that, unlike other kinds of ADA cases, it’s easy for plaintiff lawyers to look for these without leaving the office.